scholarly journals Penyitaan Barang Bukti Tindak Pidana pada Tingkat Pemeriksaan Persidangan

PLENO JURE ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 47-57
Author(s):  
Muhammad Ibnu Fajar Rahim ◽  
Sitti Arkanul Pascahyati Rahim ◽  
Muhammad Aman Hijrah Akbar Rahim ◽  
Ahmad Ranuwirawan Rahim ◽  
Abdul Rahim
Keyword(s):  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Public ◽  
Procedure Code ◽  
Legal Arguments

Penyitaan terhadap barang bukti sebagai coraborating evidence merupakan upaya paksa untuk memperkuat pembuktian dakwaan penuntut umum di persidangan. Realitasnya, masih terdapat barang bukti yang relevan dengan pembuktian dakwaan namun baru terungkap di persidangan dan belum dilakukan penyitaan. Ketentuan Pasal 38 ayat (1) KUHAP yang menegaskan penyitaan hanya dilakukan pada tingkat penyidikan oleh penyidik yang menjadikan penuntut umum kesulitan ketika berhadapan dengan realitas tersebut. Artikel ini berupaya menegaskan adanya kewenangan penuntut umum untuk melakukan penyitaan barang bukti tindak pidana pada tingkat pemeriksaan persidangan. Legal argumentasi penyitaan oleh penuntut umum ditemukan dalam PERJA 36/2011 maupun KMA 32/2006 sebagai bagian dari peraturan perundangan-undangan.  AbstractConfiscation of evidence as coraborating evidence is a forced effort to strengthen the evidence of the public prosecutor's charges at the trial. In reality, there is still evidence that is relevant to the indictment, but it has only been revealed at court and has not been confiscated. The provisions of Article 38 paragraph (1) of the Criminal Procedure Code which confirms confiscation are only carried out at the level of investigation by investigators which makes the public prosecutor difficult when dealing with this reality. This article seeks to emphasize the authority of the public prosecutor to confiscate evidence of a criminal offense at the trial examination level. Legal arguments for confiscation by the public prosecutor are found in PERJA 36/2011 and KMA 32/2006 as part of the legislation.

scholarly journals Separate Filing (Splitsing) In Criminal Case Management

2018 ◽  
Vol 1 (2) ◽  
pp. 461
Author(s):  
Hidayat Abdulah
Keyword(s):  
Case Management ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Case File ◽  
The Public ◽  
Procedure Code ◽  
Court Process

In the implementation of the criminal case handling a lot of things that can be done to perfect evidence is the failure by one of them is doing a separate filing (splitsing). In Article 142 Criminal Procedure Code stipulates that the public prosecutor has the authority to separate docket (splitsing) against each defendant if found lacking evidence and testimony, as well as other matters that are not included in the provisions of Article 141 of the Criminal Procedure Code. Separation of the case must be based on solely the purpose of examination. That's what makes the public prosecutor has the authority to determine the case file should be separated (splitsing) or not. The purpose for doing the separation of the case file (splitsing) is to facilitate the enforcement of the prosecutor when the court process, to strengthen the evidence for lack of evidence when the process of verification, then a criminal offense committed by the offender more than one and the same time one of these actors into the search list (DPO) which allow splitsing.Keywords: Separate Filing; The Criminal Case.

scholarly journals Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Yutcesyam Yutcesyam ◽  
Fatiatulo Lazira
Keyword(s):  
Limited Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
Ne Bis In Idem ◽  
Bankruptcy Code

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.

scholarly journals Implementation of Extraordinary Review (Pk) For the Public Prosecutors after the Decision of the Constitutional Court Number 33/Puu-Xiv/2016

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rahmadianto Andra ◽  
Keyword(s):  
Criminal Procedure ◽  
Court Decision ◽  
Public Prosecutor ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Principles ◽  
The Public ◽  
Legal Remedies ◽  
Procedure Code ◽  
The Right

The background of this paper is inspired and triggered to observe and study the legal uncertainty between the public prosecutor and the convict/his heirs regarding the authority to submit a PK Application as regulated in Article 263 paragraph (1) of the Criminal Procedure Code. The article states "the right of the public prosecutor" to apply for a PK application. However, what is expected by the Petitioner's wife is that Article 263 paragraph (1) of the Criminal Procedure Code can be interpreted in this way, "PK applications can only be filed by the convicted person or their heirs". This condition was exacerbated by the issuance of the Constitutional Court decision Number 33/PUU-XIV/ 2016 regarding "the right of the public prosecutor to file a PK application in a criminal case". This study aims to determine the application of extraordinary legal remedies by the public prosecutor and the implications of implementing these extraordinary remedies. The research method used is normative legal research. The results showed the application of extraordinary PK legal remedies for the public prosecutor after the Constitutional Court decision Number 33/PUU-XIV/2016, had direct implications for the Petitioner and his family. This implication is detrimental to the Petitioners' constitutional rights based on Article 28G of the 1945 Constitution because the protection of personal, family, honor and dignity has clearly been lost. It is better if the Constitutional Court reaffirms the legal principles in the article through constitutional interpretation which is an integral part that is not separate from the article in question and is able to provide fair legal certainty.

scholarly journals Analisis Yuridis Putusan Bebas terhadap Kasus Tindak Pidana Pembunuhan

2019 ◽  
Vol 2 (2) ◽  
pp. 399-411
Author(s):  
Ramot Lumbantoruan
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Procedure Code ◽  
Judicial Role

The purpose of this research is to describe the legal arrangements regarding the Free Verdict according to positive legal provisions, the Judicial role of the Judge in deciding a case and Juridical Analysis of a conviction for a murder crime (Study of Judgment Number 423 / Pid / 2008 PN. South Jakarta. This research method is normative juridical research.The nature of this research is descriptive analysis, which is a method used to describe a condition or condition that is happening or ongoing in order to provide as much data as possible about the object of research so as to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations.Results of this study, first, the legal arrangements regarding the acquittal according to positive legal provisions is to look at Article 191 Paragraph (1), paragraph (2) and paragraph (3) of the Criminal Procedure Code specifically also provides an understanding that reinforces its role law about being free from all lawsuits. Second, the role of judges legally in deciding a case in the decision of Case Decision Number 423 / Pid / 2008 / PN. South Jakarta is a judge must pay attention to the interests of various parties, both the interests of the defendant, witnesses, and the interests of the Public Prosecutor.

scholarly journals Is a public procesutor's investigation more effective than a judicial investigation?

2020 ◽  
Vol 54 (4) ◽  
pp. 1183-1202
Author(s):  
Snežana Brkić
Keyword(s):  
Empirical Research ◽  
Criminal Procedure ◽  
The Other ◽  
Public Prosecutor ◽  
High Court ◽  
The Public ◽  
Procedure Code ◽  
Judicial Investigation ◽  
Injured Party ◽  
Novi Sad

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.

scholarly journals Juridical Analysis of the Acquittal in a Murder Crime

2020 ◽  
Vol 2 (3) ◽  
pp. 29-33
Author(s):  
Chairul Nopriansyah
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
The Supreme Court

The judge plays an important role in the judiciary because the judge has the authority to examine, hear and decide on a case so that he is obliged to look for values ​​of justice in the application of progressive and responsive laws, so the judge in issuing decisions must pay attention to various considerations. Article 183 of the Criminal Procedure Code contains several elements of judges' considerations when making decisions. In the case of an acquittal, the judge needs carefulness and carefulness to consider so that a matter must be truly convincing. This research is a doctrinal research method that is taking the opinions of experts regarding free decisions and through legal products in the form of legislation and judges' decisions. The conclusion of this paper is First, the basic consideration of the judge in passing a free verdict (vrijspraak) is not fulfilling the minimum limit of evidence by the public prosecutor so that the judge will release the defendant because the evidence that can blame the defendant is insufficient and based on the elaboration of the writer above, the Supreme Court allows legal efforts to overturn an acquittal (vrijspraak) namely an appeal on an acquittal, but not all verdicts requested for appeal are always accepted by the Supreme Court.

scholarly journals Relationship Between the Police and the Prosecutor’s Office in Individual European Countries

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Miroslav Janjić
Keyword(s):  
Criminal Procedure ◽  
European Countries ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
The Republic

One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.

scholarly journals REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 193-209
Author(s):  
Ladito Bagaskoro ◽  
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
The United States ◽  
Public Prosecutor ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Adviser ◽  
Case Files

Abstract The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.

scholarly journals Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 105-119
Author(s):  
Momcilo Grubac
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceeding ◽  
The Public ◽  
Procedure Code ◽  
The Status ◽  
Injured Party ◽  
The Republic ◽  
The Right

In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

scholarly journals Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung)

2021 ◽  
Vol 2 (2) ◽  
pp. 315-319
Author(s):  
I Putu Krisna llham Wiantama ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Secondary Data ◽  
Criminal Procedure ◽  
District Court ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Legal Rules ◽  
The Public ◽  
Delegation Of Authority ◽  
Procedure Code ◽  
Legal Force

There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.

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