Police Discretion by Personnel of the Samapta Directorate in Handling Public Order and Security Disturbances in the Perspective of Law Number 2 of 2002

Abstract

Police discretion constitutes an authority inherent in every police officer in taking action based on situational assessments in the field. This study aims to analyze the exercise of discretion by personnel of the Indonesian National Police (Polri) Samapta Directorate in handling public order and security (Kamtibmas) disturbances, as well as to formulate an optimal framework capable of ensuring legal certainty and the protection of human rights. The method employed is normative legal research, utilizing a statutory approach, a conceptual approach, and a case approach. Primary legal materials include Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, relevant implementing regulations, and pertinent jurisprudence. The findings indicate that the exercise of discretion by Samapta personnel is still characterized by inconsistent standards of field action, a lack of measurable technical guidelines, and weak internal oversight mechanisms. These conditions create gaps for the abuse of authority that potentially violate human rights. This study recommends the establishment of a structured Standard Operating Procedure (SOP) for discretion, the strengthening of ethics and legal training for Samapta personnel, and the optimization of internal and external accountability mechanisms. The conclusion of this study affirms that effective discretion requires a clear legal foundation, adequate personnel competence, and consistent supervision in order to achieve equitable law enforcement..