Analysis of Police Independence in Criminal Law Enforcement as an Optimization to Maintain Institutional Integrity

Abstract

Building a positive image and reputation within the Indonesian National Police is a necessity, as a positive image is currently the primary goal for the Indonesian National Police (Polri) to gain public trust. Given the crucial position of the police, independence is a fundamental topic related to the police's duties and functions in upholding law and justice, ensuring they meet expectations and are realized by both the police themselves and by those involved in the criminal justice process. This research aims to determine and analyze (1) the position of the Police in the constitutional state system, (2) the reality of the polemics regarding the enforcement of criminal law by the Police which can create a bad precedent for the institution and (3) the concept of the independence of the Police in enforcing criminal law regarding the institutional problems that occur. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) Since the enactment of the Republic of Indonesia Law Number 2 of 2002 concerning the Republic of Indonesia Police, the hopes of other government institutions to oversee the Indonesian National Police have been dashed. This is because Article 8 Paragraph 1 of the Police Law states:”The Republic of Indonesia National Police is under the President". (2) The case of obstruction of justice in the investigation of the murder of Brigadier J, the case of narcotics distribution originating from the security of evidence in the case of Inspector General Pol TM, and the case of the removal of the red notice for fugitive Djoko Tjandra not only reveals how the law can be used to protect the interests of the elite, obstruct justice, and severe injustice in the law enforcement system by the Indonesian National Police and also what is more damaging is that it creates a massive bad image among the public towards the Indonesian National Police institution which has the dignity as a law enforcement institution.