DASAR PERTIMBANGAN PENYIDIK DALAM MENERAPKAN DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA LALU LINTAS

Abstract

Abstract

The discretion exercised by the investigator is carried out on the grounds that this action can effectively resolve criminal acts of traffic violations, where the suspect commits a traffic violation because his negligence causes other people to be injured. This action raises complicated problems, where on the one hand this discretionary action is an application of criminal law which is carried out in accordance with its own policy to make the rigidly operating law more effective. The legal consequences arising from the investigator's discretionary actions regarding traffic crimes are that each party can know their position. The perpetrator who crashed will provide compensation to the victim, both material and medical costs. increasing investigators' understanding of discretion because discretion that is not based on statutory regulations is discretion that is against the law. The exercise of discretion is truly in line with expectations, both the perpetrators of the discretion and the targets of the discretion must work in synergy with each other in order to encourage the use of discretion correctly, well and responsibly so that it has an impact on the realization of good governance.

 Keywords: Discretion, Police, Traffic