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Original Research

THE ROLE OF THE POLICE IN SOCIAL CONFLICT MANAGEMENT BASED ON ALTERNATIVE DISPUTE RESOLUTION

RURUH WICAKSONO 1, ACHMAD BUSRO 2, and RB SULARTO 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10171225   |   Author Affiliation: Student of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 721-742   |   Published on: 21-11-2023

Abstract

This study aims to examine the role of the police in social conflict management based on alternative dispute resolution. The research method used is empirical juridical with a statutory approach. The results showed that the non-penal policy through Alternative Dispute Resolutian (ADR) in the criminal justice system is an effort made by law enforcement officials to transfer a case from a formal process to an informal process. Alternative Dispute Resolutian (ADR) is carried out to obtain a form of settlement that provides protection to the parties involved in the conflict. The authority to transfer a case from formal to informal proceedings is called the right of discretion. The implementation of Alternative Dispute Resolutian (ADR) is based on the principle of "the postulate le salut du people est la supreme loi". This concept is a framework for thinking to find solutions in deciding actions in accordance with the conditions and developments of social conflict. The concept of Alternative Dispute Resolutian (ADR) aims to create humane justice that brings the parties together to solve the problems that occur.  Police procedures in handling social conflicts that occur in the community are through the concept of a conflict triangle. The Conflict Triangle is one useful and popular way to describe the complexity of conflict. The triangle consists of conflict situations, conflict attitudes, and conflict behaviors: 1) Conflict situations: misalignment of goals, needs, and interests of various parties. The sources of conflict situations include: social structure, social values, diversity, competition, change; 2) Attitude: concerns aspects of cognition (such as the construction of the "enemy") and emotions (such as hostility) experienced by the parties to the conflict. Sources of conflict include: aggressive instincts, personal tension, and group frustration; 3) Behavior: polarized and destructive actual activities, words, and behaviors of the conflicting parties.


Keywords

Police, Countermeasures, Conflict, Social, Alternative Dispute Resolution.