Pola Mandiri Sebagai Aparat Penegak Hukum Dalam Sistem Peradilan Pidana

NOVA, EFREN and RIZAL, MUHAMMAD and YULMAYETTY, YULMAYETTY (2010) Pola Mandiri Sebagai Aparat Penegak Hukum Dalam Sistem Peradilan Pidana. ARTIKEL PENELITIAN .

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Abstract

Law reform today has essentially involved changes of power paradigm into paradigm of moral and intellegence, Ttre paradigmatic changes involve five pillarsof law : matter of law, law enforcer, structure and infrastructure 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 Crinrinal Justice System currently, *ithin their duty, funclion and role as the law enforcer, encounters problem arising fto* the police organization it self (within the job troubles) and lroblem dealt with whenlarrying out their duty (on the job troubles). Structurally and inslitutionally police went out of Indonesian National Army with reference to presidental Instruction No, 2 in 1999 regulating discretion steps in terms of the separation of Indonesian National Police with Indonesian National Army. This is also defined by Stipitation of People Consultative Council (MPR) No, VVMPR/2-000, on the separation of Indonesian National Army (TNI) with Inr'tonesian National PrOlice (Polri) because the police have been contamirrated over 32 yean irr the periode pf new order administratiott. police essentially have duties as the law enforcer and the protector of society' As the law enforcer, police have more difficultiesin rnaking improvisation because their scope has been restricied by a series of rules of law that constitutes guidelines of job r-nplementation, In addition, in carrying out their duW as the law enforcer police didn't work independentty, but collectivelly with other law enforcer institution or being part of law enforcement mechanisme known as Criminal justice System. In the development of the modern and democrative civil society and Indonesia making reforms in every aspect, the existance of the independent and professional police are strongty 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 ware on potice, changes at a various aspects; structural aspects, instrumental aspects, cultural aspect,change of police training and education, changes in police establishmenl system and changes of establishments in material, service, and facility' Based on the wall data of polresta padanq about personnel according to functiCIn, unit, general education, police education, voiational education and crime data annually analyzed, in padang Municipality police indicate that they have not yet been professional' where as steps of discretion teken by Provincial Police of west Sumatera are by making arrangement'of short-term, 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), government and society.

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