Research Article

Juridical Review of the Principles of Police Coercion in Justice-Based Law Enforcement

Authors

  • Halin Aziz Firmansyah Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Address Street Prof. Soedarto, SH., Tembalang, Semarang
  • Afif Mahmud Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Address Street Prof. Soedarto, SH., Tembalang, Semarang
  • Joko Setiono Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Address Street Prof. Soedarto, SH., Tembalang, Semarang

Abstract

This study aims to analyze the juridical review of the principle of police coercion in justice-based law enforcement. The research used is normative juridical Approach. The results of the study show that forced effort comes from the Dutch language "Discretionair", which means wisdom in deciding an action based on provisions of regulations, laws or applicable laws but on the basis of wisdom, consideration or justice. Coercive measures involve decision-making that is not strictly legally bound, in which personal judgment also plays a role. A forced effort is the freedom to choose various steps of action (Caurses of action or inaction). Forced efforts are one of the investigative activities carried out by POLRI investigators, as in Article 15 of the Regulation of the Head of the National Police of the Republic of Indonesia Number 14 of 2012, namely that investigative activities are carried out in stages, including; a) Investigation; b) Delivery of Notification Letter of Commencement of Investigation (SPDP); c) Forced efforts; d) examination; e) Case title; f) Settlement of case files; g) Submission of case files to the public prosecutor; h) Delivery of suspects and coals; i) Termination of investigation.

Article information

Journal

International Journal of Law and Politics Studies

Volume (Issue)

5 (1)

Pages

111-118

Published

2023-02-09

How to Cite

Firmansyah, H. A., Mahmud, A., & Setiono, J. (2023). Juridical Review of the Principles of Police Coercion in Justice-Based Law Enforcement. International Journal of Law and Politics Studies, 5(1), 111–118. https://doi.org/10.32996/ijlps.2023.5.1.13

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Keywords:

Principle, coercion, Police, law enforcement, justice