REFORMASI BIROKRASI KEPOLISIAN DALAM PENEGAKAN HUKUM BERBASIS HUKUM PROGRESIF (STUDI PENANGANAN KEJAHATAN YANG BERBASIS KONTEKSTUAL MELALUI RESTORATIVE JUSTICE PADA FKPM)

Abstract

Police bureaucracy with the conventional approach, had Internal Legal Culture which oriented to the positivism paradigm law enforcement. The implication of positivism paradigm law enforcement to result that contextual of handling crime with Formal and Rigid, The implication of this condition result in formal and rigid contextual of handling crime, which come down to not realization yet of substantive justice. Therefore, new approach on progressive law be required to be realigned. As for direct from transformation of internal legal culture oriented from positivism paradigm to constructivism paradigm law enforcement. The issues raised in this study is (1) Why contextual law enforcement through the police bureaucracy with conventional approaches have not been able to realize the substantive justice ? (2) How Police Community Partnership Forum's role as part of the police bureaucracy in contextual law enforcement in Restorative Justice System to realize the substantive justice? (3) How is the construction of the Progressive police bureaucracy in contextual law enforcement using Restorative Justice System approach? Socio legal research approach is used to uncover issue in jurisdiction Police Office Of Riau Archipelago. Contextual law enforcement in Conventional Police Bureaucracy result in Not realization yet of substantive justice, due to various factors : (1) Various of regulations on the contextual law enforcement, did not give space for settlement through the Restorative Justice System ; (2) The reason to not give space for law enforcement is due to fears of abuse of power (3) Conventional approach on police bureaucracy in law enforcement is a Bureaucratic type, strictly hierarchical arranged, attached by investigation of criminal offenses Standard of Procedure, that not take into account the social environment as well as other non legal factor, consequently cause bureaucracy case at certain points ; (3) Enforcement of the law is not fully carried out by personel who have the competence, as a result of limited human resources and wrong recruitment system, (4) The absence of authority delegation to use police discretion in handling conventional crimes, as a result of accountability misunderstanding ; (5) An understanding of accountability in law enforcement only be conceived as vertical accountability and override horizontal accountability; (6) Law enforcement is run with a mission to achieve rule of law, while the basic values in the laws become marginalized. Study recommendation are (1) To reconstruct and change in police paradigm from legalistic to democratic, which benefit to engage Police Community Partnership Forum ; (2) The policy of community policing should be implemented throughout the unit area, as a forum to solving various social problems in community ; (3) Police need to revise the Police Regulation in the management of investigations, provide space for non-litigation law enforcement implementation and implement progressive police bureaucracy in contextual law enforcement using Restorative Justice System approach.