MAKNA KLAUSUL “KEADAAN YANG SANGAT PERLU” PASAL 18 AYAT (2) UU KEPOLISIAN DALAM PENGGUNAAN DISKRESI KEPOLISIAN

Abstract

This study examines the ambiguity of the clause "circumstances of urgent necessity" as stipulated in Article 18 paragraph (2) of the Indonesian Police Law, which serves as a prerequisite for the exercise of police discretionary authority. The research focuses on the ambiguity of the clause "circumstances of urgent necessity" as a condition for the exercise of police discretion, as well as the criteria governing its application. The absence of a statutory explanation regarding the meaning and criteria of the clause has rendered the provision susceptible to multiple interpretations, thereby reducing the effectiveness of law enforcement and creating legal uncertainty in the exercise of police discretion. This research employs a normative juridical method using statutory and conceptual approaches. The objective of this study is to analyze the ambiguity of the legal norm concerning the meaning of the clause "circumstances of urgent necessity" under Article 18 paragraph (2) as a prerequisite for the exercise of police discretion and to identify the criteria for its application. The findings show that the clause "circumstances of urgent necessity" under Article 18 paragraph (2) constitutes an ambiguous legal norm because the provision does not provide either a definition or objective criteria governing its application in the exercise of police discretion.