RACHMAN, ARIEF NUR (2010) WEWENANG DISKRESI KEPOLISIAN DALAM PENEGAKAN HUKUM DI BIDANG LALU LINTAS BERDASARKAN PASAL 18 UNDANG-UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN(Studi di Polresta Malang). Other thesis, University of Muhammadiyah Malang.
Wewenang_Diskresi_Kepolisian_Dalam_Penegakan_Hukum.pdf - Published Version
Download (90kB) | Preview
Police discretion is an authority given by law to all police member in doing their job. Discretion was ruled in section 18 Law No.2 year 2002 about Police. Discretion application for all police personnel difference because of situational and subjective application. Discretion role is so huge in traffic law enforcement, since what rule in law was rare unfit with field condition. Discretion existence didn’t mean that discretion could be allowed without control and limitation in its application. This research took statement of problems: (1) how the form of police discretion authority application in Police Headquarters of Malang? (2) what are the consideration of Police Headquarters of Malang in taking discretion to the traffic violation happened? The research discuss problems using socio-juridical approach. Data kind used was primary data found directly through interview with Traffic Department Police Headquarters of Malang and analyzed by analysis descriptive method. Research showed that discretion authority application were: passive police discretion, where the police state quiet of a violation and active police discretion where the police punished a violation by warning. Consideration base of Police Headquarters of Malang in discretion action taken from the violation, whether it could cause accident, disturbing line, public importance danger and critical problem about life.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Anwar Jasin|
|Date Deposited:||09 Mar 2012 14:19|
|Last Modified:||09 Mar 2012 14:19|
Actions (login required)