Police Discretionary Actions In Cases Of Mild Assault In The Jurisdiction Of The Jambi Police
Kata Kunci:
police discretion, minor assault, law enforcement, restorative justice, Islamic criminal lawAbstrak
This study examines the implementation of police discretion in handling minor assault cases within the jurisdiction of the Jambi City Police Resort (Polresta Jambi). Indonesia, as a state based on the rule of law, requires that every law enforcement action be carried out in accordance with applicable legal norms while still considering public interest and justice. In practice, law enforcement officers are often faced with situations where rigid application of legal procedures may not always produce the most effective or equitable outcomes. Therefore, police discretion becomes an important mechanism that allows officers to make decisions based on professional judgment, particularly in dealing with minor criminal offenses such as minor assault. This research aims to analyze the application of police discretion in resolving minor assault cases, identify the obstacles encountered in its implementation, and explore the efforts made by the police to overcome these challenges. The study employs a juridical-empirical approach with descriptive analytical methods. Data were obtained through library research and field research, including analysis of statutory regulations such as the Criminal Procedure Code and Law Number 2 of 2002 concerning the Indonesian National Police, as well as observations of practices within Polresta Jambi. The findings indicate that police discretion is frequently applied in minor assault cases to promote efficiency, reduce case accumulation, and achieve restorative solutions that prioritize social harmony. However, several obstacles remain, including limited understanding of discretionary authority among officers, concerns about public perception, and the need to maintain accountability and compliance with legal standards. From the perspective of Islamic criminal law, minor offenses categorized under ta’zir allow flexible sanctions determined by authorities for the purpose of education and social benefit.Therefore, the appropriate and accountable use of police discretion can contribute to effective law enforcement, promote restorative justice, and maintain social order in society.