Manuscript Title
Ideal Institution of The Honorary Assembly: The Judicial Function Indonesia National Police
Author(s)
Pranatal Hutajulu, Retno Saraswati, Siti Malikhatun
DOI Number: 10.5281/zenodo.10183637
Published: 23-11-2024
About The Author(s):
1. Pranatal Hutajulu - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. Retno Saraswati - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. Siti Malikhatun - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
The purpose of this study is to analyze: The ideal institution of the honorary assembly that carries out the judicial function in the National Police? This research is a type of normative juridical research with a legislative approach, a conceptual approach, and a case study. The results of the study show that; 1) The implementation of the judicial function in the National Police that is currently running is carried out based on the sanction policy for violations of the Police Professional Code of Ethics and sanctions for violations of Police Discipline that are not running optimally due to; a) The final decision by the Superior who has the right to punish (ANKUM) is left to the subjectivity of the Honorary Assembly Forming Official; b) Final decisions submitted to the subjectivity of officials can be easily sued in the State Administrative Court; c) lack of competence and experience in making decisions of the session by members of the Honorary Council; d) standards for the formation of members of the Honorary Council based on rank without academic qualifications; e) The process of law enforcement of the professional code of ethics from upstream to downstream is handled by Propam without any separation of authority; 2) Various problems in the enforcement of the professional code of ethics and the enforcement of police discipline such as; The number of violations of the code of ethics and discipline by members of the National Police continues to grow, Various decisions of the Code of Ethics Commission whose deviations are too large so that they do not reflect justice and legal certainty, The number of lawsuits against the results of the Police Code of Ethics and Discipline Session on PTDH (Dishonorable Dismissal) of members of the National Police won by the plaintiff and requiring the defendant (the Police Officer Forming the Code of Ethics Commission) to cancel the decision of the PTDH due to policy products The administration is not in accordance with the procedure; 3) The ideal institution of the Honorary Assembly that carries out judicial functions in the National Police is; a) The membership of the Judges of the Code of Ethics Commission (Honorary Assembly) of the National Police is in accordance with their position and rank as well as academic qualifications; b) Courts carried out within the National Police are subject to the general courts, but internally, the National Police conducts its own trials; c) The Police Code of Ethics Commission is the same as the Panel of Judges and the membership of the Police Code of Ethics Commission can be interpreted as a Judge; d) Qualifications and Competencies owned by the Professional Code of Ethics Commission (KKEP/Honorary Assembly) of the National Police require academic qualifications; e) The Decision of the Honorary Assembly) must be Objective, Independent, Normative, Jurisprudencial, Meet the Sense of Justice and Legal Certainty.
Keywords
Ideal, Formation, Honorary Assembly, Function, Judiciary, POLRI