Legal Political Implications in Police Action Against Thuggery: Between Legality and Discretion

Abstract

The phenomenon of gangsterism in Indonesia has become an ongoing and complex social problem, not only limited to urban areas but also spreading to rural areas. Gangs, which are often accompanied by intimidation, violence, extortion, and illegal control of territory, have serious impacts on social stability, public security, and the investment climate. The police response to this phenomenon generally relies on a repressive approach through large-scale law enforcement and raids. However, the approach dominated by criminal law enforcement raises important questions regarding its effectiveness in addressing the social roots of gangsterism, as well as concerning aspects of legality, discretion, and protection of civil rights. This study aims to analyze the prosecution of gangsterism through a legal political perspective, with a focus on how the direction of national criminal policy shapes police strategies and actions. In addition, this study also explores the role and limits of institutional police discretion within the framework of positive law, as well as the potential for abuse of authority that can blur the line between legal actions and violations of citizens' rights. The results of this study are expected to contribute to formulating a more just, accountable, and effective legal policy in dealing with gangsterism in Indonesia.

Keywords: Legal Politics; Gangsterism; Police