EXECUTIVE POLICIES FORMULATION OF COERCIVE EFFORTS USAGE AS POLICE DISCRETION AT THE ARRESTING STAGE OF TERRORISM CRIMINAL SUSPECTS
ABSTRACT: The arresting action
that is done to the suspect of terrorism determined by the understanding about
the prevailing law and morality and SOP (Standard Operational Procedure) that
has been determined to enforce justice. The given authority should not oppose with
Human Rights, to determine the abuse in the discretion at the arrest stage by
using whether the authority usage deviates from the authority giver and whether
the abuse of power has occurred or not, then the parameters that can be used
are rationality principles. As the guidance or foundation for Indonesian Police
member to do the police discretion suitable with the main tasks and authorities
that contained Article 18 subsection (1) and (2) of Law No 2 Year 2002, that
is: (1) For public interest, Indonesian Republic in conducting their tasks and
authorities can act according to their own assessments. (2) The stipulation
implementation as given in the subsection (1) only can be done in the very
urgent condition by considering legislation and profesional ethics code of
Indonesian Police. Some articles in the Perkap No 1 and 8 Year 2009 still can
be categorized as multi interpretation and not measured clearly where the
implementation in field able to produce abuse of power. Especially for the term
usage of suspect stop contained at the Perkap. The term of stop according to
the Indonesian big dictionary means to stop, to finish, to make (cause) stop
(stop means not move). In the law enforcement practice relates with the
terrorism arrest has occurred abuse of authorities if not based on rationality
and the understanding and implementation of true legal norms that will
influence the law enforcement that can not be answered in moral and
accountable. Effort to eradicate the terrorism criminal offense should be followed
by executive policy formulation as the clear, firm and measured Fixed Procedure
so each power usage in the police action especially firearms can be answered
based on human rights, Code of Conduct for Law Enforcement Officials and Basic
Principle on the Use of Force and Firearms by Law Enforcement Officials, by
omitting the use of stop term in the usage of firearms and replaced by
immobilize and give clear variable about the term of life safety threats (open norms
should be avoided to avoid the multi interpretation) , should implement Lex
Certaf principle, the formulation should be certain, concise.
Author: Dedi Prasetyo
Journal Code: jphukumgg130042
