PENGUATAN KEWENANGAN PENUNTUT UMUM MELALUI PENGESAMPINGAN PERKARA PIDANA DENGAN ALASAN TERTENTU

Abstract

  The implementation of the opportunity principle is realized through the authority to waive criminal cases. In Indonesia, which is very limited and is the authority of the Attorney General for reasons of public interest. Public prosecutors are not authorized to waive the cases for certain reasons such as low crime rates, suspects too old / young, health conditions, compensation payments, and so on (vide the Dutch Criminal Procedure Code). This paper intends to analyse the practice of law enforcement that occurs on the limited authority given by the law to the public prosecutor. In addition, the author will also analyse the prospects of the regulation of public prosecutors authority in criminal cases waiver for certain reasons in the Criminal Procedure Code. The results show: 1) limited authority bring forth judicial processes that are not in accordance with the principle of due process of law. Small cases remain in court, because the public prosecutor does not have the authority to waive the criminal cases for certain reasons. In addition, the limited authority raises the paradigm that the current criminal policy tends to prioritize the means of punishment to eradicate crime which resulted in the occurrence of overcrowded prison. 2) RUU KUHAP regulates the authority to waive cases for certain reasons in article 43 paragraph (2) (3) (4) (5). The regulation is expected to create a criminal justice process according to the principle of due process of law. Public prosecutors are expected to be more thoughtful in prosecuting or not prosecuting someone based on human rights ​​and justice. The regulation is intended so that the public prosecutor can be the real controller in criminal cases handling as mandated by the universal principle of dominus litis. Keywords: Opportunity Principle, Public Prosecutor, Criminal Case Waiver.