DISCRESSION OF THE SAMBAS RESORTS POLICE IN THE IMPLEMENTATION OF ADMINISTRATIVE LAW PERSPECTIVE INVESTIGATION

Abstract

It is still found that investigating officers do not have an S1 degree or equivalent in the
jurisdiction of the Sambas Resort Police as mandated in PP No. 58 of 2010 concerning
Amendments to Government Regulation Number 27 of 1983 concerning the
Implementation of KUHAP article 2A paragraph (1) letter a. If the requirements of
investigators are not fulfilled, there will automatically be limits of authority, including
the inability to issue investigation orders, detention warrants and other administrative
letters. This study used a qualitative method with juridical empirical research. To
obtain accurate data, purposive sampling technique was used, and primary data
collection by conducting in-depth interviews. The research results found, among others:
first, discretion regarding the administration of investigations in the jurisdiction of the
Sambas Resort Police for the Sambas District Police who do not have investigating
officers who meet the requirements, is then taken over by the Head of the Criminal
Investigation Unit as the supervisor of the integrated criminal investigation function.
Second, the impact of an integrated investigation administration causes the time to
carry out investigations to be slow due to the long distance between the Sector Police
and the Resort Police.