ANALISIS DISKRESI KEPOLISIAN DALAM PENYIDIKAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (Studi Pada Unit PPA Sat Reskrim Polresta Padang)

One of the objectives of the enactment of Law Number 23 Year 2004 on the Elimination of
Domestic Violence (PKDRT) is to maintain the integrity of harmonious and prosperous
households. The police have the authority to enforce the law and ensure the security and
order of the people. The task can not be done only to rely on the legislation, therefore the
police are given the authority to do the discretion of the police. In the writing of this thesis
the author discusses about the analysis of police discretion conducted by police
investigators in Polresta Padang in order to investigate the crime of violence in the
household . Related to this the type of research specification used is descriptive analytical.
Based on the result of research that discretion act by the investigator in the settlement of
Criminal Act of Domestic Violence in Padang Polresta law area consist of: mediation
effort which initiated and done by Polri, termination of case and case waiver of case of
kekerasn in that household. There are two factors that can drive the discretion action are:
internal factors and external factors. This internal factor is based on the legal basis
applicable to the exercise of discretionary authority by the police as well as the orders
from superiors to settle criminal cases which can be resolved through the ADR mechanism
and for external factors namely the support of the community, and the goodwill of the the
litigant to solve his case in the best possible way. The obstacles faced in the
implementation of police discretion in the investigation of Domestic Violence Crime by
PPA Unit Sat Reskrim Poresta Padang is the absence of a rule of law that specifically and
firmly regulate the police discretion itself applicable in the legal system in Indonesia at
this time, so that in the existing rules currently requires investigators to follow up on
incoming cases. In other words investigators are required to process all incoming cases in
accordance with applicable legal procedures.