PENERAPAN DISKRESI KEPOLISIAN DALAM PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS DI WILAYAH HUKUM POLRES BAUBAU

Abstract

Application of Police Discretion in the Investigation of Traffic Crimes in the
Jurisdiction of the Baubau Police. Supervisor I: Dr. Supriyanta, SH, M.Hum.
Supervisor I: Dr Wibowo Murti Samadi, SH.MS.
The purpose of this study is to review and analyze the implementation of
police discretion in the investigation of traffic crimes in the jurisdiction of the
Baubau Police. Reviewing and analyzing obstacles to the implementation of Police
discretion in the investigation of traffic crimes in the jurisdiction of the Baubau
Police.
The mechanism for resolving criminal cases of traffic injury according to Law
Number 22 of 2009 concerning Road Traffic and Transportation, if it has met the
criminal elements, legal process must be carried out in accordance with the criminal
justice system which includes: investigation, enforcement, examination and
settlement and submission of cases. The practice shows a number of traffic accident
cases that are not resolved through court channels, but are carried out discretion on
the condition that there is peace between the perpetrator and the victim.
The method of approach in writing is sociological juridical. The specifics of
this study used descriptive analytics. The data source uses primary data and skunder
data. Data collection techniques use interview studies and documentation. To
analyze the data, researchers use qualitative descriptive analysis methods.
The exercise of Police discretion in the investigation of traffic crimes in the
jurisdiction of the Baubau Police Is carried out with the following steps: 1) The
traffic police come to the scene of the crime then sketch the scene of the crime, 2)
Help the victim, record witnesses, secure evidence of the accident such as vehicles,
driver's licenses, and vehicle number certificates, for further investigation, 3) After
an investigation, the police make a case analysis and discretionary is carried out if
the accident occurs is minor and the perpetrator is underage (can be an adult with a
minor accident) and a single accident that can be resolved with material
compensation, 4) An agreement is made between the two parties for the settlement
of traffic accident cases. The exercise of discretion by the Baubau Police is based
on a peace process between the perpetrator and the victim. The agreement obtained
from the peace process is then stated in a letter of agreement signed by the parties,
namely the perpetrator and the victim/victim's family and then known by local
government officials by witnessing by community leaders. The obstacle in the
exercise of police discretion in the investigation of traffic crimes in the jurisdiction
of the Baubau Police Is the difficulty of reaching an agreement between the
perpetrator and the victim during the peace process.
Keywords: Police Discretion, Traffic Crimes.