PENERAPAN PEMBELAAN TERPAKSA DALAM PERISTIWA PENCURIAN DENGAN KEKERASAN (Studi Kasus di Kepolisian Resor Metropolitan Bekasi Kota)

Abstract

One thing that can explain the power of the police in carrying out their
duties is the discretion or authority given by law to act in special situations
according to the judgment and conscience of the police themselves. Given that
this authority is very broad, it requires requirements that must be possessed by
officers, especially in assessing a case, especially cases that threaten property
and even the safety of one's life. Nevertheless, the authority to declare someone
guilty of committing a criminal offense is the panel of judges through a court
decision. However, there are cases that researchers analyze where victims who
make defense efforts are forced to have a different final settlement from the law
enforcement process in previous similar cases.
This type of research can be classified into empirical sociological
research. With the research location located in Bekasi City, especially in the
jurisdiction of the Bekasi City Metropolitan Police, while the population and
sample are all parties related to the problem under study. This research uses data
sources in the form of primary data and secondary data, and data collection
techniques are carried out by interview.
From the results of the problem research, there are 3 main things that can
be concluded. First, Noodweer is the authority of the judge who assesses, so there
is no rule that authorizes the police to stop the investigation or not continue a
case due to applying the reasons for criminal erasure, Indonesian National Police
officers in carrying out their duties and authorities can act according to their own
judgment. However, the case of Muhammad Irfan Bahri proves the ability of law
enforcement officials to convince the public that these institutions can provide
maximum protection and ensure the safety of victims. Third, the ideal idea of the
investigator's action in applying the reason for criminal nullification according to
the concept of noodweer for the future is to limit discretion to prevent arbitrary
actions with consideration of the principle of necessity, the principle of
straightforwardness and integrity, the principle of benefits and objectives and the
principle of balance.
Keywords: Forced Defense, Investigator, Discretion.