Use of Police Discretion in Manifestation of the Concept of Restorative Justice

Abstract

The purpose of this research is toknowing and analyzingThe implications of police discretionary powers in the manifestation of the concept of restorative justice. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The existence of discretionary authority by the police, the police have the authority to break through a form of legal rigidity that emphasizes the side of legism alone, without paying attention to the social systems that exist in society in achieving a form of real benefit and justice. From this, the form of discretion given to the Police is a form of breakthrough towards real law enforcement while still providing a form of real justice by paying attention to the risk and benefit aspects of an action carried out. When faced with problems that include the condition of law enforcement in Indonesia with all its shortcomings, Police policies based on restorative justice through discretion and the existence of legitimacy as a formulative effort of the Police reflect the accommodation of law enforcement steps based on a progressive idea.