KAJIAN YURIDIS KEDUDUKAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI WACANA KEDUDUKAN POLRI DIBAWAH NAUNGAN KEMENTERIAN DALAM NEGERI)

Abstract

The police in Law Number 2 of 2002 concerning the Indonesian National Police means that "the police are all matters relating to the functions and institutions of the police in accordance with statutory regulations". POLRI's position in this regard is also strengthened by the Republic of Indonesia Presidential Decree Number 70 of 2002 Concerning the Organization and Work Procedure of the Indonesian National Police in Article 5 Paragraph (1) which reads "The Head of the Indonesian National Police, abbreviated as Kapolri, is the leader of the Indonesian National Police who is under and responsible for to the President in accordance with the provisions of the applicable laws and regulations. Formulation of the problem: 1) How come that impact from Indonesian National Police when they are at the bottom Governmental Affairs Ministry? 2) How come that discourse on the position of the Indonesian National Police under the Ministry of Home Affairs from the perspective of Constitutional Law? This type of research uses normative law. Source of data is secondary data. Data collection technique is literature. Data analysis is qualitative. The results of the research discussion and: 1) The impact of the Indonesian National Police when under the Ministry of Home Affairs was divided into two, namely positive and negative impacts. 2) The position of the POLRI behind the Kementerian Home Affairs from the perspective of constitutional law when it is linked to the three division from powers like executive, legislative and judiciary, the law enforcement authority for the Police will be in the executive power, it should be in the judicial power. Keywords: The police in Law Number 2 of 2002 concerning the Indonesian National Police means that "the police are all matters relating to the functions and institutions of the police in accordance with statutory regulations". POLRI's position in this regard is also strengthened by the Republic of Indonesia Presidential Decree Number 70 of 2002 Concerning the Organization and Work Procedure of the Indonesian National Police in Article 5 Paragraph (1) which reads "The Head of the Indonesian National Police, abbreviated as Kapolri, is the leader of the Indonesian National Police who is under and responsible for to the President in accordance with the provisions of the applicable laws and regulations. Formulation of the problem: 1) How come that impact from Indonesian National Police when they are at the bottom Governmental Affairs Ministry? 2) How come that discourse on the position of the Indonesian National Police under the Ministry of Home Affairs from the perspective of Constitutional Law? This type of research uses normative law. Source of data is secondary data. Data collection technique is literature. Data analysis is qualitative. The results of the research discussion and: 1) The impact of the Indonesian National Police when under the Ministry of Home Affairs was divided into two, namely positive and negative impacts. 2) The position of the POLRI behind the Kementerian Home Affairs from the perspective of constitutional law when it is linked to the three division from powers like executive, legislative and judiciary, the law enforcement authority for the Police will be in the executive power, it should be in the judicial power.