Implementation of Criminal Supervision by the Prosecutor's Office Based on Legal Certainty

Abstract

The research objectives in this study are to find out and analyze the current implementation of criminal supervision by the prosecutor's office, to find out and find solutions to the weaknesses in the implementation of criminal supervision by the prosecutor's office currently, to find out the implementation of supervision by the prosecutor's office based on legal certainty. This research uses a sociological juridical approach, with quantitative descriptive research methods. The data used is primary and secondary data which will be analyzed qualitatively. Research problems are analyzed using the theory of legal objectives, the theory of legal certainty. The results of the research conclude that the current implementation of criminal supervision by the prosecutor's office is that Law No. 1 of 2023 concerning the Criminal Code states that defendants who commit criminal acts which are threatened with imprisonment for a maximum of 5 (five) years can be sentenced to supervision; The implementation of criminal supervision by the prosecutor's office is based on legal certainty, that conceptually, criminal supervision is categorized as a principal crime, so a comprehensive study is needed, as an effort to realize a just punishment. Apart from that, the retributive justice paradigm which is repressive has changed into a punishment paradigm based on restorative justice. This can be seen in the formulation of the New Criminal Code Bill, one of which is the criminal supervision, the criminal supervision is an alternative crime of conditional deprivation of liberty. The concept of criminal supervision in the Draft Criminal Code is currently still general, so it is necessary to formulate an Ius Kontituendum policy for the concept of criminal supervision in Indonesia, such as the criminal supervision procedure for supervision has not been explained in detail, so it must be conceptualized early on, so that the implementation of criminal supervision can run effectively.