Formulation of Public Prosecutor's Authority in the Legal Certainty-Based Trial Process

Abstract

The purpose of this study: 1). to study and analyze the authority of the public prosecutor in the legal certainty-based trial process; 2). to study and analyze the weaknesses of the public prosecutor's authority in the legal certainty-based trial process; 3). to study and analyze the formulation of the public prosecutor's authority in the legal certainty-based trial process in the future. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of authority, Lawrence Friedman's legal system theory and the theory of legal certainty. The results of the study concluded that: 1) the authority of the public prosecutor in the legal certainty-based trial process that in carrying out its duties and authorities in order to achieve legal certainty, the Prosecutor's Office is guided by the Criminal Procedure Code and Law Number 16 of 2004, one of the duties of the prosecutor's office is to prepare an indictment, in terms of preparing an indictment the prosecutor is required to be careful; 2) the weakness of the public prosecutor's authority in the legal certainty-based trial process that the shortcomings of the prosecution provisions adopted by the Republic of Indonesia's prosecutor's office are in terms of the Mandatory Prosecutorial System because in this system the public prosecutor handles a case only based on existing evidence, so that the public prosecutor cannot directly handle a case such as conducting investigations, arrests, searches, confiscations and examinations of victims and witnesses; 3). Formulation of the authority of the public prosecutor in the legal certainty-based trial process in the future that the Government together with the People's Representative Council need to immediately complete the revision of the Criminal Procedure Code which contains the authority of the public prosecutor to be able to set aside criminal cases for certain reasons, by adopting the provisions in the expediency principle of the Dutch Criminal Procedure Code as The adoption is important to be carried out so that the scope of the case setting aside becomes more complete than that which has been arranged in Article 43 paragraph (2) (3) (4) (5) of the Criminal Procedure Code Bill.