PENGUATAN KEWENANGAN PENUNTUT UMUM MELALUI PENGESAMPINGAN PERKARA PIDANA DENGAN ALASAN TERTENTU

Abstract

The implementation of the principle of opportunity is realized through the authority to overrule criminal cases. In Indonesia, this authority only becomes the authority of the Attorney General, and is limited to reasons of public interest. The public prosecutor is not equipped with the authority to set aside the case for certain reasons, such as the quality of crime is low, the suspect is too old / young, the health condition of the suspect, payment of compensation, and so forth. This article intends to question the practice of law enforcement that occurs due to the limited authority given by the law to public prosecutors and the prospect of regulating the authority of public prosecutors in setting aside criminal cases for certain reasons. Limited authority creates a judicial process that is not in line with the principleof due process of law. Small cases remain tried in court. In addition, the limited authority, raises the paradigm that the current criminal policy tends to prioritize the means of punishment to tackle crime. As a result, the occurrence is overcrowded in correctional institutions. Ius Constituendum has accommodated the authority to set aside cases for certain reasons. The regulation is expected to bring changes to create a criminal justice process in accordance with the principle of due process of law. Public prosecutors are expected to be more tolerant in determining attitudes, to prosecute or not sue someone based on human values and justice. The regulation is intended so that the public prosecutor can really be the controller of handling criminal cases as mandated by the universal principle of dominus litis