PENERAPAN DISKRESI KEPOLISIAN DALAM PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS DI WILAYAH HUKUM POLRES BAUBAU

Application of Police Discretion in the Investigation of Traffic Crimes in theJurisdiction of the Baubau Police. Supervisor I: Dr. Supriyanta, SH, M.Hum.Supervisor I: Dr Wibowo Murti Samadi, SH.MS.The purpose of this study is to review and analyze the implementation ofpolice discretion in the investigation of traffic crimes in the jurisdiction of theBaubau Police. Reviewing and analyzing obstacles to the implementation of Policediscretion in the investigation of traffic crimes in the jurisdiction of the BaubauPolice.The mechanism for resolving criminal cases of traffic injury according to LawNumber 22 of 2009 concerning Road Traffic and Transportation, if it has met thecriminal elements, legal process must be carried out in accordance with the criminaljustice system which includes: investigation, enforcement, examination andsettlement and submission of cases. The practice shows a number of traffic accidentcases that are not resolved through court channels, but are carried out discretion onthe condition that there is peace between the perpetrator and the victim.The method of approach in writing is sociological juridical. The specifics ofthis study used descriptive analytics. The data source uses primary data and skunderdata. Data collection techniques use interview studies and documentation. Toanalyze the data, researchers use qualitative descriptive analysis methods.The exercise of Police discretion in the investigation of traffic crimes in thejurisdiction of the Baubau Police Is carried out with the following steps: 1) Thetraffic police come to the scene of the crime then sketch the scene of the crime, 2)Help the victim, record witnesses, secure evidence of the accident such as vehicles,driver's licenses, and vehicle number certificates, for further investigation, 3) Afteran investigation, the police make a case analysis and discretionary is carried out ifthe accident occurs is minor and the perpetrator is underage (can be an adult with aminor accident) and a single accident that can be resolved with materialcompensation, 4) An agreement is made between the two parties for the settlementof traffic accident cases. The exercise of discretion by the Baubau Police is basedon a peace process between the perpetrator and the victim. The agreement obtainedfrom the peace process is then stated in a letter of agreement signed by the parties,namely the perpetrator and the victim/victim's family and then known by localgovernment officials by witnessing by community leaders. The obstacle in theexercise of police discretion in the investigation of traffic crimes in the jurisdictionof the Baubau Police Is the difficulty of reaching an agreement between theperpetrator and the victim during the peace process.Keywords: Police Discretion, Traffic Crimes.