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Original Research

POLICE DISCRETION IN HANDLING FOOD CRIMES BASED ON PANCASILA VALUES

ERNESTO SAISER 1, RETNO SARASWATI 2, and TRI LAKSMI INDRESWARI 3.

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/8QKVG   |   Author Affiliation: Doctor in Law Program, Diponegoro University, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Semarang. Jl. Professor, Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1029-1044   |   Published on: 21-07-2023

Abstract

This study aims to examine (1) What is the position of Police Discretion in solving Crimes in the Food Sector in legal policy in Indonesia?; (2) How is the exercise of Police Discretion in solving Food Crimes in Indonesian legal policy?; (3) What is the ideal construction of Police Discretion in solving Food Crimes in Indonesian legal policy? The research method used is empirical juridical with a statutory approach, concept approach, and case study approach. The results showed that; (1) The position of Police Discretion in solving Food Crimes in Indonesian legal policy; Police discretion can be interpreted as a policy based on the power to perform an action on the basis of his judgment and confidence. Discretionary authority is a power or authority exercised under the law on the basis of its considerations and beliefs and emphasizes moral considerations of balance within the legal framework. (2) Implementation of Police Discretion in solving Crimes in the Food Sector in legal policy in Indonesia; (a) legal factors that are multispectral by involving various related institutions or agencies, so that problems still often occur. (b) Law enforcement, in this case, the personnel of the Food Task Force Ditreskrimsus Polda Jatim are of poor quality supported by qualified competence. (c) Food crime law enforcement facilities and facilities are less supportive both in terms of equipment and budget, (d) society and culture have not been able to fully support optimal food crime law enforcement efforts. (3) The ideal construction of Police Discretion in solving Food Crimes in Indonesian legal policy; (a) Synergy of laws and regulations related to the enforcement of food crimes, (b) Communication, Coordination, and Collaboration in Law Enforcement of Food crimes. (c) improvement of human resources and skills of the Food Task Force; (d) improvement of adequate food crime law enforcement facilities and facilities both in terms of equipment and budget, (e) increasing community and cultural support through profilling and mapping of areas prone to food crime, community raising, business actors, distributors and importers, optimizing the daily reporting system around the price of basic commodities, and socialization activities and programs to develop the role of the East Java Food Task Force by extending the method the effectiveness of the performance of the food task force, the empowerment of information technology, accompanied by the empowerment of the role of mass media


Keywords

Discretion, Police, Handling, Crime, Food, Pancasila