POLISI MANDIRI SEBAGAI APARAT PENEGAK HUKUM DALAM SISTEM PERADILAN PIDANA

Nova, Efren and Rizal, Muhammad and Yulmayetti, Yulmayetti (2010) POLISI MANDIRI SEBAGAI APARAT PENEGAK HUKUM DALAM SISTEM PERADILAN PIDANA. Working Paper. Fakultas Hukum. (Unpublished)

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Abstract

Law reform today has essentially involved changes of power paradigm into paradigm of moral and intelligence. The paradigmadc changes involve five pillarsof law :matter of law, law enforcer, stucture and infrastucture of law, society and legal of law. The five pillars of law can be enforced to realize the sense of justice and the concrete and transparent assurance of law. The police institution that is the most forward pillar in the Criminal Justice System currently within their duty, function and role as the law enforcer, encounters problem arising from the police organization it self ( within the job troubles ) and problem dealt with when carrying out their duty ( on the job troubles ). Structurally and institutionally police went out of Indonesian National Army with reference to Presidental Intruction No. 2 In 1999 regualating discretion steps in terms of the separationof Indonesian National police with Indonesian National Army. This is also defined by Stipulation of people Consultative Council ( MPR) No. VI/MPR/2000, on theseparation of Indonesian National Army (with Indonesian National police ( polri ) because the police have been contaminated over 32 years in the periode of new order administration. Police essentially have duties as the law enforcer and the protector of society. As the law enforcer, police have more difficultesin making improvisation because their scope has been restricted by a series of rules of law that constitutes g uidelines of job implementation. In addition, in carrying out their duty as the law enforcer police didn’t work independently, but collectively with other law enforcer institution or being part of law enforcerment mechanisme known as Criminal justice Syistem. In the development of the modern and democrative civil society and Indonesia making reforms in every aspect, the existence of the independent and professional police are strongly expected. Therefore, from the findings of the study it is found that to realize the independent and professional police some changes have to be implemented, namely: laws were on police, changes at a various aspects; structural aspects, instrumental aspects, cultural aspects, changes of police training and aducation, changes in police establishment syistem and changes of estabilishments in material, service, and facility. Based on the wall data of Polresta Padang about personnel according to fuonction, unit, general education, police education, vocational education and crime data annually analysed, in Padang Municipality police indication that they have not yet been professional. Where as steps of discretion taken by Provincial Police of west Sumatera are by making arrangement of short-trem, mid-term and long term work programs. In order to realize the independent and professional police, there must also be a good cooperation between law enforcers law enforcers ( police), governmendt and society.

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