Police Discretion and Human Rights Protection: Evidence from Law Enforcement Practices in Indonesia

Abstract

Police discretion is unavoidable in everyday law enforcement because officers frequently make decisions in situations that cannot be fully regulated by formal rules. However, discretionary authority can create tensions between operational effectiveness and the protection of human rights. This study examines police discretion in Indonesia and explores its implications for rights-based policing. The research adopts a qualitative approach combining analysis of legal provisions, institutional guidelines, academic literature, and selected law enforcement practices. The study identifies discretion as a necessary component of effective policing but argues that its legitimacy depends on clear legal boundaries, professional judgement, supervision, and accountability. Particular attention is given to situations involving arrest, public order, investigative decisions, and the use of coercive authority. The analysis suggests that excessive or insufficiently supervised discretion may undermine public trust and increase the risk of inconsistent enforcement. The study therefore proposes a rights-based framework in which police discretion is guided by legality, necessity, proportionality, and accountability. The article contributes to the literature by examining the relationship between discretionary policing and human rights within Indonesia's evolving democratic law enforcement framework.