The Role of the Police for the Security of Natural Resources is Associated with Constitutional Law

Abstract

The purpose of this study is to analyze: 1) How is the understanding and regulation of police discretion in laws and regulations in resolving disputes over the use of natural resources? 2) How is the application of police discretion in resolving disputes over the use of natural resources and its contribution to the implementation of ADR in order to uphold Restorative Justice?. The research method used is empirical juridical with a legislative approach, a conceptual approach, and a case study. The results of the study show that: 1) Understanding and regulating the discretion of the police in laws and regulations in resolving disputes over the use of natural resources. The understanding and regulation of the discretion of the Police in the Laws and Regulations in the settlement of disputes over the use of Natural Resources and its contribution to the implementation of ADR in order to uphold Restorative Justice in the discretionary authority in the implementation of the duties and functions of the Police in Indonesia is carried out based on justice and usefulness in the implementation with the aim of realizing justice, usefulness and legal certainty. Police discretion is part of the alternative to non-litigation dispute resolution in the role of the police to secure natural resources associated with Constitutional law. 2) The application of police discretion in resolving disputes over the use of natural resources and its contribution to the implementation of ADR in order to uphold Restorative Justice. Police discretion in Indonesia is juridically regulated in Law Number 2 of 2002 concerning the Police of the Republic of Indonesia, especially in Article 18 paragraph (1) which stipulates that for the public interest police officers in carrying out their duties and authorities can act according to their own actions and can only be done in circumstances that are very necessary by paying attention to laws and regulations, as well as the Police Code of Ethics.

Keywords: Role, Police, Security, Natural Resources, Constitutional Law