KEWENANGAN PENAGKAPAN TANPA SURAT PENAHANAN DALAM PERSPEKTIF TEORI KEWENANGAN DISKRESI

Abstrak

Arrests without a detention warrant in the Indonesian legal system often spark debate, particularly regarding the application of the authority of law enforcement officers. The theory of discretionary authority is relevant to explaining whether arrests without a detention warrant are justifiable. Discretionary authority gives law enforcement officers the flexibility to make decisions based on legal considerations, even if not specifically regulated by law. In practice, this authority is often applied in urgent situations, where swift action is required without waiting for a valid detention warrant. This study aims to analyze the application of discretionary authority in arrests without a detention warrant using normative legal research methods. This approach emphasizes legislation and concepts.

Keywords: authority, arrest, detention warrant, discretion