The Legal Dilemma of the Central Kalimantan Regional Police's Legal Sector (Bidkum) in Providing Legal Aid to Police Members Who Perpetrate Criminal Acts

Abstract

Indonesia is a state governed by law as affirmed in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which places law as the foundation of all aspects of state life in order to ensure legal certainty, justice, and the protection of human rights. This principle also applies to members of the Indonesian National Police (Polri), who have equal standing before the law. However, in practice, there are still members of Polri involved in criminal acts, which gives rise to juridical issues related to the mechanism of providing internal legal assistance by the Legal Division (Bidkum). This study aims to identify and analyze the practice of providing legal assistance by Bidkum of the Central Kalimantan Regional Police and to examine the juridical dilemmas arising from the dual role of Bidkum in relation to the principles of objectivity and justice in law enforcement. This research employs a socio-legal approach with a descriptive-analytical specification. The data used consists of primary data obtained through interviews and observations within the Central Kalimantan Regional Police, as well as secondary and tertiary data derived from laws and regulations, books, scientific journals, and other supporting documents. Data collection techniques include library research and field research, while data analysis is conducted qualitatively using an inductive approach. The results of the study show that: (1) The process of providing legal assistance by the Legal Division (Bidkum) of the Central Kalimantan Regional Police is carried out through a structured, systematic, and tiered mechanism in accordance with Regulation of the Chief of Police Number 2 of 2017. The process begins with a written application submitted by a Polri member, followed by administrative examination, verification of the substance of the case, and the appointment of legal counsel. This mechanism indicates that legal assistance is provided through clear procedures rather than directly, serving as an internal control to ensure accountability, transparency, and legal certainty. The legal assistance provided is comprehensive, covering litigation at all stages of the criminal justice process as well as non-litigation through legal consultation and counseling as preventive efforts. (2) The juridical dilemma in providing legal assistance arises from the dual role of Bidkum as part of a law enforcement institution and as a provider of legal assistance, creating a conflict between institutional loyalty and the demand for legal objectivity, further reinforced by structural pressures and public perception. In addressing this condition, Bidkum maintains its commitment to professionalism and objectivity by adhering to laws and regulations, preserving independence without mixing institutional interests, and applying procedural justice through transparent and non-discriminatory processes. Additionally, Bidkum upholds the principle of due process of law by consistently providing legal assistance at every stage without intervening in the substance of the case, while enhancing integrity and prudence in decision-making to balance the interests of members and the public, thus managing the juridical dilemma proportionally within the framework of law and justice.