scholarly journals Analisis Hukum Terhadap Penggabungan Dan Pemisahan Perkara Pidana Dalam Surat Dakwaan Penuntut Umum

2020 ◽  
Vol 3 (2) ◽  
pp. 360-368
Author(s):  
Christina Mahdalena Saragih ◽  
Sonya Airini Batubara ◽  
Martin Johan Napitupulu ◽  
Nico Iryanto Sihombing ◽  
Novita Wanrelin Gultom
Keyword(s):  
Research Methods ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
General Knowledge ◽  
Criminal Cases ◽  
Secondary Research ◽  
Case File ◽  
The Public ◽  
Procedure Code

This article aims to analyze the consideration of the public prosecutor in merging and separating indictments for several criminal cases and to find out the obstacles of the public prosecutor in merging and separating indictments against several criminal cases. The research used is normative juridical research. With secondary research methods, namely secondary legal materials, which consist of books and articles related to research (both in the form of newspapers, magazines, journals, and other writings). The data obtained are then analyzed qualitatively by describing and describing the data and facts resulting from a research in the field with an interpretation, evaluation, and general knowledge. In the results of this study, the merger of indictments against several criminal cases is Article 141 of the Criminal Procedure Code which reads: "Public prosecutors can merge cases and make them into one indictment". Meanwhile, for the separation of the indictment, there is Article 142 of the Criminal Procedure Code which reads: "In the event that the Public Prosecutor receives a case file containing several criminal acts committed by several suspects which are not included in the provisions of Article 141"

scholarly journals Separate Filing (Splitsing) In Criminal Case Management

2018 ◽  
Vol 1 (2) ◽  
pp. 461
Author(s):  
Hidayat Abdulah
Keyword(s):  
Case Management ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Case File ◽  
The Public ◽  
Procedure Code ◽  
Court Process

In the implementation of the criminal case handling a lot of things that can be done to perfect evidence is the failure by one of them is doing a separate filing (splitsing). In Article 142 Criminal Procedure Code stipulates that the public prosecutor has the authority to separate docket (splitsing) against each defendant if found lacking evidence and testimony, as well as other matters that are not included in the provisions of Article 141 of the Criminal Procedure Code. Separation of the case must be based on solely the purpose of examination. That's what makes the public prosecutor has the authority to determine the case file should be separated (splitsing) or not. The purpose for doing the separation of the case file (splitsing) is to facilitate the enforcement of the prosecutor when the court process, to strengthen the evidence for lack of evidence when the process of verification, then a criminal offense committed by the offender more than one and the same time one of these actors into the search list (DPO) which allow splitsing.Keywords: Separate Filing; The Criminal Case.

scholarly journals Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung)

2021 ◽  
Vol 2 (2) ◽  
pp. 315-319
Author(s):  
I Putu Krisna llham Wiantama ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Secondary Data ◽  
Criminal Procedure ◽  
District Court ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Legal Rules ◽  
The Public ◽  
Delegation Of Authority ◽  
Procedure Code ◽  
Legal Force

There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Yutcesyam Yutcesyam ◽  
Fatiatulo Lazira
Keyword(s):  
Limited Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
Ne Bis In Idem ◽  
Bankruptcy Code

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.

scholarly journals Implementation of Extraordinary Review (Pk) For the Public Prosecutors after the Decision of the Constitutional Court Number 33/Puu-Xiv/2016

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rahmadianto Andra ◽  
Keyword(s):  
Criminal Procedure ◽  
Court Decision ◽  
Public Prosecutor ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Principles ◽  
The Public ◽  
Legal Remedies ◽  
Procedure Code ◽  
The Right

The background of this paper is inspired and triggered to observe and study the legal uncertainty between the public prosecutor and the convict/his heirs regarding the authority to submit a PK Application as regulated in Article 263 paragraph (1) of the Criminal Procedure Code. The article states "the right of the public prosecutor" to apply for a PK application. However, what is expected by the Petitioner's wife is that Article 263 paragraph (1) of the Criminal Procedure Code can be interpreted in this way, "PK applications can only be filed by the convicted person or their heirs". This condition was exacerbated by the issuance of the Constitutional Court decision Number 33/PUU-XIV/ 2016 regarding "the right of the public prosecutor to file a PK application in a criminal case". This study aims to determine the application of extraordinary legal remedies by the public prosecutor and the implications of implementing these extraordinary remedies. The research method used is normative legal research. The results showed the application of extraordinary PK legal remedies for the public prosecutor after the Constitutional Court decision Number 33/PUU-XIV/2016, had direct implications for the Petitioner and his family. This implication is detrimental to the Petitioners' constitutional rights based on Article 28G of the 1945 Constitution because the protection of personal, family, honor and dignity has clearly been lost. It is better if the Constitutional Court reaffirms the legal principles in the article through constitutional interpretation which is an integral part that is not separate from the article in question and is able to provide fair legal certainty.

scholarly journals Analisis Yuridis Putusan Bebas terhadap Kasus Tindak Pidana Pembunuhan

2019 ◽  
Vol 2 (2) ◽  
pp. 399-411
Author(s):  
Ramot Lumbantoruan
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Procedure Code ◽  
Judicial Role

The purpose of this research is to describe the legal arrangements regarding the Free Verdict according to positive legal provisions, the Judicial role of the Judge in deciding a case and Juridical Analysis of a conviction for a murder crime (Study of Judgment Number 423 / Pid / 2008 PN. South Jakarta. This research method is normative juridical research.The nature of this research is descriptive analysis, which is a method used to describe a condition or condition that is happening or ongoing in order to provide as much data as possible about the object of research so as to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations.Results of this study, first, the legal arrangements regarding the acquittal according to positive legal provisions is to look at Article 191 Paragraph (1), paragraph (2) and paragraph (3) of the Criminal Procedure Code specifically also provides an understanding that reinforces its role law about being free from all lawsuits. Second, the role of judges legally in deciding a case in the decision of Case Decision Number 423 / Pid / 2008 / PN. South Jakarta is a judge must pay attention to the interests of various parties, both the interests of the defendant, witnesses, and the interests of the Public Prosecutor.

scholarly journals Tactics of presenting evidence by a prosecutor in a judicial investigation

2020 ◽  
Vol 6 (3) ◽  
pp. 179-185
Author(s):  
Elena V. Pavlova
Keyword(s):  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Considerable Difficulty ◽  
The Public ◽  
Complete Independence ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
A Charge

The article deals with individual issues of the tactics of participation of the prosecutor the public prosecutor in the basis of the part of the judicial investigation in criminal cases, which is connected with the presentation of evidence of the prosecution. It is noted that at present in the matter of determining the order of examining evidence by the parties, a unified position has been formed of both theorists and practitioners. They recognize the complete independence of the parties to determine this procedure in accordance with the tactics chosen by them. At the same time, the author draws attention to the fact that theoretical and methodical works still do not pay enough attention to the content and essence of this activity of the prosecutor in court, despite their obvious importance. His activity in the judicial investigation largely depends on the importance of tactical methods of presenting evidence and the ability to apply them. If he does not have the appropriate professional baggage, he will have considerable difficulty in the adversary process. The author sets out his own position regarding the content of evidence presented by the prosecutor the public prosecutor, proposes to include a definition of the relevant concept in the terminological apparatus of science of criminal procedure law and to fix it in the criminal procedure law. A derivative of it is the definition of the notion of tactics for the presentation of evidence by the prosecutor the public prosecutor. Conclusions are formulated on the need to intensify the development of up-to-date recommendations on the tactics of presenting evidence of a charge in a judicial investigation in criminal cases on crimes certain types

scholarly journals Is a public procesutor's investigation more effective than a judicial investigation?

2020 ◽  
Vol 54 (4) ◽  
pp. 1183-1202
Author(s):  
Snežana Brkić
Keyword(s):  
Empirical Research ◽  
Criminal Procedure ◽  
The Other ◽  
Public Prosecutor ◽  
High Court ◽  
The Public ◽  
Procedure Code ◽  
Judicial Investigation ◽  
Injured Party ◽  
Novi Sad

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.

scholarly journals Juridical Analysis of the Acquittal in a Murder Crime

2020 ◽  
Vol 2 (3) ◽  
pp. 29-33
Author(s):  
Chairul Nopriansyah
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
The Supreme Court

The judge plays an important role in the judiciary because the judge has the authority to examine, hear and decide on a case so that he is obliged to look for values ​​of justice in the application of progressive and responsive laws, so the judge in issuing decisions must pay attention to various considerations. Article 183 of the Criminal Procedure Code contains several elements of judges' considerations when making decisions. In the case of an acquittal, the judge needs carefulness and carefulness to consider so that a matter must be truly convincing. This research is a doctrinal research method that is taking the opinions of experts regarding free decisions and through legal products in the form of legislation and judges' decisions. The conclusion of this paper is First, the basic consideration of the judge in passing a free verdict (vrijspraak) is not fulfilling the minimum limit of evidence by the public prosecutor so that the judge will release the defendant because the evidence that can blame the defendant is insufficient and based on the elaboration of the writer above, the Supreme Court allows legal efforts to overturn an acquittal (vrijspraak) namely an appeal on an acquittal, but not all verdicts requested for appeal are always accepted by the Supreme Court.

scholarly journals TANGGUNG JAWAB HUKUM PENYIDIK KEPOLISIAN TERHADAP BARANG BUKTI YANG KURANG LENGKAP

2021 ◽  
Vol 16 (1) ◽  
pp. 14
Author(s):  
Ni Made Trisna Dewi
Keyword(s):  
Legal Theory ◽  
Scientific Paper ◽  
Legal Responsibility ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Legal Basis ◽  
Case File ◽  
The Public ◽  
Preliminary Examination ◽  
Procedure Code

<p><em>Examination of cases before the trial, as well as in the preliminary examination, there are many problems related to evidence. Although evidence has an important role in a criminal case, it is not that the presence of evidence is absolutely necessary in a criminal case. Where the judge in making a decision does not always rely on evidence because it only happens case by case, or it can be said that not all cases can be resolved just because of the evidence. The formulation of the problem raised in this study is what is the legal basis for the police against incomplete evidence and what is the legal responsibility of the police for incomplete evidence. This type of research is empirical legal research. This research uses an approach that examines the prevailing laws and regulations, legal theory, and can be in the form of scholars' opinions related to problems in this scientific paper, namely the legal responsibility of the police for incomplete evidence. The conclusion of this research is that the legal basis of the police for incomplete evidence is Article 110 paragraph (2) and (3) and Article 138 paragraph (2) of the Criminal Procedure Code where the Public Prosecutor returns the case file to the investigator to complete the case file concerned. In returning the case file, the Public Prosecutor is also required to provide instructions regarding the incompleteness of the case file, both regarding the completeness of the case file clearly and clearly so that it can be understood by the Investigator.</em></p><p><strong>Keywords</strong>: <em>Responsibility, police, incomplete evidence</em></p>

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