KAJIAN YURIDIS TENTANG KEWENANGAN TEMBAK DITEMPAT OLEH APARAT KEPOLISIAN TERHADAP TERSANGKA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH ( Suatu studi di Polda Sultra )

Fitrayadi Fitrayadi; Amir Faisal; La Niasa

Fitrayadi Fitrayadi Universitas Sulawesi Tenggara, Indonesia
Amir Faisal Universitas Sulawesi Tenggara, Indonesia
La Niasa Universitas Sulawesi Tenggara, Indonesia

Keywords: Authority To Shoot on Sight, Legal Study, Police Officer, Presumption of Innocence Principle, Polda Sultra.

Abstract

The research aims (1) to find out and examine the relationship between the authority to shoot on sight by the police and the principle of presumption of innocence, and (2) to find out the supervision of shooting on sight actions by the police. In conducting research to complete the thesis, the author conducted research at Polda Sultra (Southeast Sulawesi Regional Police). Polda Sultra was chosen because the decision taken or obtained was at Polda Sultra (Southeast Sulawesi Regional Police), The 3 (three) elements of the function of the Criminal Investigation sector referred to above are (1) the Directorate of General Criminal Investigation, (2) the Directorate of Special Criminal Investigation and (3) the Directorate of Narcotics Investigation, each of which is led by a senior police officer with the rank of Police Commissioner or commonly abbreviated as Kombes Pol. In conducting investigations which will involve many coercive measures including shooting on sight which will be discussed in this thesis, in the Police, especially in the Southeast Sulawesi Regional Police, there is also a Supervisory function to become a corridor for police officers in taking action in the field. These police elements are the Regional Supervision Inspectorate (Itwasda) of the Southeast Sulawesi Regional Police and the Professional and Security Division (Bidpropam) of the Southeast Sulawesi Regional Police. Research results (1). The shoot-on-sight procedure is regulated in Article 48 of the Regulation of the Chief of the Republic of Indonesia National Police (Perkap) Number 8 of 2009 concerning the Basic Principles of the Use of Violence and Firearms by Law Enforcement Officers where officers understand the principles of law enforcement of legality, necessity, and proportionality. (2.) Police officers in carrying out their duties are always supervised by the Propam Division of the Indonesian National Police which is tasked with supervising the actions or deeds of police officers so that they do not deviate from the applicable regulations, especially in the Southeast Sulawesi Regional Police.