THE VERDICTS OF CRIMINAL LAW JUDGES REFLECTING THE PRINCIPLES OF FUNDAMENTAL JUSTICE BASED ON PANCASILA

Indonesia is a state law. This statement can be found in Article 1 Verse （3） of Indonesia Constitution of 1945 and is elaborated more in Act No. 48 Year 2009 on Judicial Power-in which Article 1 No. 1 asserts that Judicial Power refers to the power of a free country to perform court systems in order to enforce the law and justice based on Pancasila and Indonesia Constitution of 1945, in line with the status of Indonesia as a state law.     

POLICE DISCRETION AT THE ARRESTING STAGE OF TERRORISM CRIMINAL SUSPECT： EFFORT OF INDONESIAN POLICE IN COMBATING TERRORISM CRIME

The police arresting action that should be done to the suspect of terrorism determined by the understanding about the prevailing law and morality and standard operational procedure, the authority should not oppose with human rights in order to determine the abuse in the police discretion at the arrest stage. In the criminal law enforcement practice related with the terrorism arrest has occurred abuse of authorities if not based on rationality and the understanding and implementation of true legal norms that will influence the law enforcement. The effort to eradicate the terrorism criminal offense should be followed by executive policy formulation as the clear, firm and measured fixed criminal procedure law so each power usage in the police action, especially firearms can be answered based on human rights, police code of conduct, basic principle on the use of force and firearms. The paper attempts to describe and analyse the police discretion power as defined on the Act No. 2 Year 2002 concerning Indonesian National Police particularly at the arresting stage terrorism criminal suspect in the effort of combating terrorism crime in the country.