CRIMINAL ACCOUNTABILITY AND THE PROFESSIONAL CODE OF POLRI MEMBERS WHO CONDUCT OBSTRUCTION OF JUSTICE IN THE INDONESIAN CRIMINAL LAW SYSTEM

Abstract

A police institution in a country is related to the state's efforts to prevent or deal with possible disturbances to security, peace, and public order. It is tasked with protecting, serving the community, and enforcing the law under the 1945 Constitution of the Republic of Indonesia and Law Number 2 of 2002 concerning the Indonesian National Police. Police duties in the modern era place the Police as law enforcement agents who interact highly with society, including interactions with various types of crime. This interaction places the Police with many opportunities to commit irregularities, including Obstruction of justice. Therefore, it is necessary to study how the criminal responsibility and code of ethics are against members of the National Police who carry out Obstruction of justice efforts. Because the phenomenon of Obstruction of justice is increasing among members of the Police, this condition can reduce public trust in the Police. This paper is based on legal research using a normative juridical approach and secondary data. Apart from being subject to Article 221 and Article 223 of the Criminal Code, Polri members who commit Obstruction of Justice can also be subject to ethical and administrative sanctions, which apply internally to members of the Police. The provisions that form the basis are the Republic of Indonesia National Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Indonesian National Police Code of Ethics Commission. The imposition of ethical and administrative sanctions is cumulative and/or alternative under the assessment and considerations of the KKEP Session, and the imposition of KEPP sanctions does not eliminate criminal charges.