THE ENFORCEMENT OF POLICE CODE OF ETHICS AS CRIMINAL ACTOR
Journal: International Journal of Advanced Research (Vol.6, No. 9)Publication Date: 2018-09-08
Authors : Anthonius Diance Muhadar Sukarno Aburaera; Andi Muhammad Sofyan.;
Page : 957-964
Keywords : Police; Code of Ethics; Law Enforcement; Ethics;
Abstract
The presence of Police profession is indispensable in maintain security and order, upholding the law, and providing protection to the peoples. However, on one side the police also not apart from the character as human who has the opportunity to conduct various violations of law whether it is a criminal act or a violation of the discipline and the code of ethics. This research is a legal research with a statutory, conceptual, and case approaches. The research site was conducted in the territory of regional Police of Papua, Indonesia and Police Headquarters by considers that the regional Police of Papua is a Police unit at the provincial level which hierarchically enforces law against the Police officers are authorized by the Chief of Police of the Republic of Indonesia. The results show that prior to the enforcement of the Profession Code of Ethics against the Police officers of the Republic of Indonesia, obviously doing criminal offense, in accordance with the legislation, it must first be processed until a court decision with a permanent legal force to obtain legal certainty. In its implementation in the jurisdiction of the Papua Police, it is often not done in accordance with the provisions of legislation, the occurrence of differences in treatment of offenders, and cause disparity in the sanctions. The occurrence of difference (disparity) in the sanctions in law enforcement against the Police officers is due to the provisions on the Code of Ethics of the Police which limits the authority of the Commission of the Code of Ethics of Police when hearing and deciding by stipulating that the decision of the Commission of the Code of Ethics of Police is recommendation (not final and binding).
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