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Original Research

THE URGENCY OF ESTABLISHING AN HONORARY COUNCIL THAT CARRIES OUT JUDICIAL FUNCTIONS IN THE INDONESIAN NATIONAL POLICE

PRANATAL HUTAJULU 1, RETNO SARASWATI 2, and RATNA HERAWATI 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10171181   |   Author Affiliation: Student, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1; Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 2,3.   |   Licensing: CC 4.0   |   Pg no: 674-699   |   Published on: 21-11-2023

Abstract

This study aims to analyze (1) urgency of the Honorary Council that carries out the functions of the Judiciary in the Indonesian National Police; (2) implementation of the judicial function in the Indonesian National Police; (3) Ideal institution of the Honorary Council that carries out judicial functions in the Indonesian National Police. The method used is a normative juridical method with a statutory approach, concept approach, and case studies. The results showed that (1) The urgency of forming an Honorary Council that carries out judicial functions in the Indonesian National Police is needed because of violations of the professional code of ethics by members of the Republican Police caused by (a) law enforcement factors, (b) community factors, (c) cultural factors as a benchmark for the effectiveness of law enforcement of the Indonesian Police Professional Code of Ethics. (2) The implementation of judicial functions in the Indonesian National Police that is currently running is carried out based on the policy of sanctioning violations of the Code of Professional Ethics with 7 types of sanctions for violators, namely;  a) written reprimand; b) delay in attending education for a maximum of 1 (one) year; c) postponement of periodic salary increases; d) postponement of promotion for a maximum of 1 (one) year; e) demotion mutations; f) release from office; g) placement in a special place and heavy expenditureis carried out Dishonorable Dismissal.  (3) The Honorary Council (Commission on the Code of Ethics) as an ideal institution that carries out judicial functions is carried out based on, 1) Membership of judges of the Indonesian Police Code of Ethics Commission in accordance with position and rank, 2) Trials carried out within the Indonesian National Police are subject to generaljudicial justice ; 3) The Indonesian Police Code of Conduct Commission is the same as the Panel of Judges and is defined as a Judge; 4) The function of the Judiciary requires a balancing element from academics, community elements, and retired high-ranking elements of the Indonesian National Police; 5) The decision of the Police Code of Ethics Commission / Honorary Council must be objective, independent, normative, jurisprudence, meet the sense of justice and legal certainty.


Keywords

Urgency, Honorary-Council, Judicial-Functions, Indonesian National Police.