VOlUME 05 ISSUE 01 JANUARY 2022
1Satya Wirawan, 2 Bambang Waluyo
1,2Faculty of Law Universitas Pembangunan Nasional Veteran Jakarta, RS, Fatmawati Street, South Jakarta City, 12450
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ABSTRACT
One of the state apparatuses that are given the task and authority to carry out law enforcement is the Prosecutor. In carrying out its duties and functions, the prosecutor is organized in an Institution called the Prosecutor's Office of the Republic of Indonesia or can be called the Prosecutor's Office. The main task of the Prosecutor's Office carried out by the Prosecutor is to prosecute criminal cases. In carrying out the task of prosecution, the Prosecutor is authorized to determine whether or not a case can be brought to court and what article will becharged. The authority of the Prosecutor in resolving criminal cases outside the court that makes the author more tendentious to conduct research. The problem with this research is 1). Bhow are the obstacles to solving criminal cases outside the court by the Prosecutor's Office? 2). Is the settlement of cases outside the Court conducted by the Prosecutor's Office in accordance with the values of justice? By using the type of normative juridical research it is known that: The Authority of the Prosecutor in the settlement of criminal cases outside the Court can realize the goal of law enforcement, namely justice, legal certainty and usefulness for the community. The settlement of criminal cases outside the court can also realize the ideals of a fast, simple and cheap judiciary and optimize the participation of the community in law enforcement.
KEYWORDS:Prosecutor's Office; Settlement of Criminal Cases Out of Court; Restorativ Justice
REFERENCES
1) Abdulkadir Muhamad, Law and Legal Research (Bandung: PT. Citra Aditya Bakti, 2004).
2) Amiruddin and H. Zainal Asikin, Introduction to Legal Research Methods (Jakarta: PT. Raja Grafindo Persada, 2008):
118.
3) Andi Hamzah, Introduction to Criminal Procedure Law (Jakarta: Ghalia Indonesia, 1985)
4) Bambang Sunggono, Legal Research Methodology (Jakarta: PT. Raja Grafindo Persada, 2011).
5) Bambang Sunggono, Settlement of Criminal Cases for the Application of Restorative and Transformative Justice
(Jakarta: Sinar Graphic, 2020): 63.
6) Bambang Waluyo, Design of the function of the Prosecutor's Office in Restorative Justice (Jakarta: Raja Grafindo
Perkasa, 2016).
7) Barda Nawawi Arief, Non-Petal Efforts in Crime Combating Policies (Semarang: Criminology VI Seminar Materials in
Semarang, September 16-18, 1981)
8) Barda Nawani Arief, Legislative Policy in Combating Crime with Imprisonment (Semarang: CV Ananta, 1994).
9) I Made Pasek Diantha, Normative Legal Research Methodology: In Justification of Legal Theory (Jakarta: Prenada
Media Group, 2016).
10) Peter Mahmud Marzuki, Legal Research (hereinafter referred to as Peter I) (Jakarta: Kencana, 2008).
11) R.M. Surachman, Understanding Prosecutors' Discretion in Various Countries, in Mosaic Law I: 30 selected topics,
(Jakarta: PUSLITBANG of the Indonesian Attorney General's Office, 1996).
12) Salim HS and Erlies Septiana Nurbani, Application of Legal Theory in Thesis and Dissertation Research (Jakarta: PT
Raja Grafindo Persada: 2013).
13) Sudarto, Capita Selecta on Criminal Law (Bandung: Alumni, 1981).
14) Topo Santoso, Police and Prosecutors: Integration or Struggle (Depok: Center for Criminal Justice Studies, 2000)