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14 Technium Soc. Sci. J. 1 (2020)

handle is hein.journals/techssj14 and id is 1 raw text is: 

                                                            Technium   Social Sciences Journal
                                                                 Vol. 14, 1-9, December,  2020
                                                                             ISSN:  2668-7798
          SOCIAL SCIENCES JOUBNAL                                   www.techniumscience.com








Police discretion is a judgmental skill


               Firman  Fadillah, Tety Machyawaty2,  Tigor Sitorus3
               'Doctor of Management  Security at the Indonesian Police Science College, 2Doctoral
               Program (postgraduate), at the College of Police Science in Indonesia, 3Associate
               professor and lecturer at the College of Police Science in Indonesia

               syahff@ gmail.com,   mamitety  @ gmail.com2,  sitorus tigor@yahoo.com3

               Abstract. This study aims to investigate the factors that influence the giving of discretion by
               police officers in the field in providing services to the public or when carrying out their functions
               and duties and responsibilities. Discretion is a phenomenon like Noumena. As a phenomenon,
               the empirical context of Discretion can be detected by the human senses. As a noumena,
               Discretion is in the context of the inner intentions and emotional conflicts of the discretion
               maker. Discretion is found in almost all aspects of human life, even doing an action or not doing
               an action can be categorized as Discretion. This Literature Study uses descriptive qualitative
               methods with results ; (1). Discretion tends to damage the normal structure of solving a problem,
               (2). Discretion is a method (mission) to make a balance between existing situations and
               conditions (reality) with expected situations and conditions (vision). (3). Discretionary actions
               relate to the interests of many parties, (4). Discretion must be carried out by the right person, in
               the right place, and at the right time.


               Keywords. Police; judge; interests; situation; condition


        1. Introduction
        Discretionary actions can be carried out at anytime, in anywhere  and  by anyone  who
has the authority to discretion, so discretion is basically an act that is familiar with human life,
ordinary, general, universal, but unique, and the discussion about  discretion never stops and
complements   various studies on authority.
        At first, the discretion did not have written guidelines and was only guided by morality
and  ethics according to the prevailing legal-culture. This discretion which is only guided by
morality  and ethics is present in every activity of social life. So basically discretion is not
extraordinary; however, the discussion on discretion has never been finalized, because there are
different dimensions, perspectives and paradigms.
        In its first development, the discretion is given legal standing through general rules and
stated in the Act while taking into account morality and  ethics. Discretion with general legal
standing is generally found in police duties and can be applied to the general public.
       Because   there has been a repetition of events that have been predicted to occur, then
discretion develops  again  with  systematic guidance  to  deal with  problem  options,  called
Standard Operating  Procedure  (SOP). Discretion, with this SOP foundation, is generally guided
and valid within the internal scope of the corporation.


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