Muhammad Ali, - (1997) Pengembangan Kausening Polisi Sebagai Diskresi Dalam Penyidikan Anak Delinkuen di Indonesia. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The objective of this research was to analyze the effect of Police cautioning on Yuvenile offender's behavior as one of the basic considerations for discussing the possibilities of developing Police cautioning in interogating delinquent child in Indonesia by using the results of the research conducted in Surabaya/East Java, Mataram/Lombok/Nusa Tenggara, Denpasar/Bali, DKI Jakarta Raya, and Aceh Besar/DI Aceh/Sumatera. The samples consisted of 1052 young persons between 12-21 years old in Surabaya which were obtained by applying a Systematic Random Sam~ling. Additional samples selected from Lombok/Nusa Tenggara (368), Denpasar (331), DI. Aceh (363) and Jakarta (342), so that all samples that were observed were 2439 young persons, which covered for about 80% of the whole popUlation of delinquent chlidren/juvenile offenders. Data was collected by using guided interview, controlled observation, and studing the documentary resources/ archival records. Research method was expost facto, with a 2"4 factorial designs. Data was analyzed by using the Chi Square at either the 5% or 1% level of significance. The research showed that Police Cautioning was more effective in solving juvenile delinquency's problem than the three alternatives of the Court decision mentioned in the article of 45 of the Indonesian Criminal Law It was proved by the fact that the percentage of juvenile recidives as a result of Police cautioning was lower than the percentage of juvenile recidives as a result of Judge/court decision. The difference ~as signific~nt either at 5% level of significance (Xko=86!49) XLO.05J3 ~ 7,82), or at 1% level of signoficance (X 0 = 86,49 > X 0.01;3 = 11,34). By considering the research results, the conditions of Indonesian society, law, psychological and pedagogical considerations, it was concluded that Police Cautioning can be developed in the interogation of delinquent child, and it can be developed as a criminal law norm.This discretion should be set up in the new Indonesian law, for instance in the New Police Act, or in the revision of Juvenile Court Act, or in the new Criminal Act, in the years to come.

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