PERTANGGUNGJAWABAN PIDANA TERHADAP APARAT KEPOLISIAN YANG MELAKUKAN KEKERASAN TERHADAP PENGUNJUK RASA

Abstract

Police officers may not use violence in securing demonstrations. These provisions are
regulated in Article 10 Letter C of the Republic of Indonesia's National Police Regulation Number
8 of 2009 concerning the Implementation of Human Rights Principles and Standards in Carrying
Out Duties of the Indonesian National Police, however cases of beatings against students from
agency Students Executivein Riau se musala RRI office district, Pekanbaru. Students who are
members of bodies Student Executivethroughout Riau consist of Riau University (UNRI), Riau
Islamic University (UIR), Suska State Islamic University (UIN), and Tabrani Rab University.
There were about 37 students who were injured after clashing with the police. The students
showed a number of wounds, in the form of bruises on their hands, head and the lips that were
broken due to the impact of the rattan by the Sabhara members.
This legal research is normative legal research that is oriented towards positive legal
norms (ius constitutum), namely: research that is more focused on the implementation of positive
legal norms and principles, in the form of a statutory approach that is relevant to study the
formulation of the problem of legal issues in this legal research. In this study the authors
conducted a study that examines the analysis of law enforcement against violence perpetrated by
law enforcement officials against protesters. With the formulation of the problem, how can the
criminal responsibility of the police who commit violence while securing a demonstration be
released from punishment? What are the limits of violence that can and cannot be done in
securing a demonstration?
The author concludes that police who commit violence in a demonstration can be held
responsible for the crime, because they are state officials who function at the demonstration to
provide security, the violence is carried out consciously by the apparatus and the form of the
errors contained in the Criminal Code. In addition, the police have professional ethics that are
carried out when carrying out their duties, so that it confirms that officers who commit violence
while securing a demonstration can be held responsible for criminals, and the limits on violence
that can and cannot be done in securing demonstrations are contained in Republic of Indonesia
National Police Regulation Number 9 of 2003 Procedures for Providing Services, Safeguarding
and Handling Cases for Submission of Opinions in Public in Articles 23 and 24
Keywords: Accountability - Demonstrations - Police