Law Enforcement and Police Discretion in Handling Motor Vehicle Theft Crimes in the Bathin Police Sector Jurisdiction VIII

Abstract

This study is motivated by the increasing incidence of motor vehicle theft in Indonesia, including within the jurisdiction of Bathin VIII Police Sector, which poses significant challenges to law enforcement. Although normatively regulated under the Indonesian Penal Code (KUHP) and the Criminal Procedure Code (KUHAP), practical implementation reveals a gap between legal provisions and field realities, particularly concerning the effectiveness of investigations and the application of police discretion. This research aims to analyze the implementation of law enforcement against motor vehicle theft cases in the jurisdiction of Bathin VIII Police Sector and to examine the forms and legal basis of police discretion in handling such cases. The study employs a socio-legal (juridical-empirical) approach with case and statutory approaches, utilizing primary data from interviews and secondary data from legal materials and relevant literature. The findings indicate that law enforcement practices have generally followed procedural rules under KUHAP; however, several obstacles remain, including limited human resources, inadequate facilities, and difficulties in identifying perpetrators and recovering evidence. Furthermore, police discretion is exercised through operational policies such as prioritizing patrols, accelerating arrests, and applying restorative approaches in certain cases. Nevertheless, the use of discretion is not yet systematically documented, potentially leading to inconsistencies and accountability issues. Therefore, strengthening institutional capacity and establishing clearer guidelines on the use of police discretion are essential to improve law enforcement effectiveness and ensure legal certainty, justice, and societal benefit.