Legal Protection Against Police Members in Criminal Actions on Office Orders Post 2024 Election

Abstract

This research was conducted with the aim of finding out how position orders and position orders without authority are regulated in Article 51 of the Criminal Code and the role of office orders and position orders without authority in providing a balance between the protection of perpetrators and the public interest. By using normative juridical research methods, it is concluded: 1. Regulation of position orders and position orders without authority in Article 51 of the Criminal Code, firstly to protect perpetrators who carry out office orders because carrying out office orders is something that is in accordance with the rules and regulations, and there is also a criminal threat in Article 216 paragraph (1) of the Criminal Code against people who do not comply with orders or requests from officials whose job it is to supervise something. 2. The substance of a position order without authority, namely that a position order without authority basically cannot release the person being ordered from punishment. The only exception to the general provisions regarding orders for positions without authority is if the person being ordered fulfills the two conditions specified in Article 51 paragraph (2) of the Criminal Code, namely: if the person being ordered, in good faith, believes that the order was given with authority; and if the implementation of the order is included in the work environment of the person being ordered.