The Urgency of Public Prosecution Service of The Republic of Indonesia In The Settlement of Replacement Money In Criminal Acts of Corruption Based on Law Number 3 of 1971

In ensnaring the corruptors, not from the upstream, but from the downstream, namely by tracing where the flow of corruption funds ends up. It must be understood that a corruptor who then drains the proceeds of corruption means that he has committed two crimes at once. Therefore, the follow the money method is more effective than the follow The Suspect method, namely the handling of criminal acts that prioritize the perpetrators of crimes. With the follow the money approach, activities to hide or disguise the proceeds of corruption can be prevented and eradicated. However, this must still be regulated so that its implementation can be carried out in a concrete manner so that there is no legal vacuum in the implementation of its execution by the Indonesian Prosecutor's Office. The data collection technique in this research is using the library research method. While the analysis technique carried out on the legal materials that have been collected by the author will be done deductively. The results of this study indicate that the regulation of replacement money in criminal acts of corruption is contained in Law Number 3 of 1971 and has been revoked and amended by Law Number 20 of 2001 jo. so that in this case, there is an important role by the Attorney General's Office of the Republic of Indonesia, finally the Attorney General's Office issued Perja Number PER-020/A/JA/07/2014 and then upgraded to Perja Number 19 of 2020 and followed up with a Circular Letter of the Deputy Attorney General for Civil and Administrative Countries with Number SE-001/G/Gs/03/2021 dated March 26, 2021.

Zgoda na korzystanie z aparatu telefonicznego przez tymczasowo aresztowanego w świetle rozporządzenia Ministra Sprawiedliwości z dnia 22 grudnia 2016 roku

The present work discusses the problems associated with the limiting of the rights of a temporarily arrested person in the light of the regulation of the minister of justice issued on 22 December 2016. In the statutory act of law, i.e. the provision Art. 217 c §2 kkw, the legislator regulated the substantive limitations associated with the use of a phone by the person who was temporarily arrested. However, the solutions contained in the regulation of the minister of justice which was instituted, and more specifically §25 of this document, introduce substantive limitations. As a consequence, a situation is brought about in which the rights of an individual are limited in a lower-order legal act, which infringes the constitutional values of a state of law. Moreover, the article presents an interpretation of the provisions Art. 217 §2 kkw and §317 of the regulations of the minister of justice issued on 23 December 2015 – The rules and regulations of the operation of the courts of law and §190 of the regulations of the minister of justice issued on 7 April 2016 – The rules and regulations of the internal operation of the common organisational units of the public prosecution service.

The Effectiveness of the Supervision of the Prosecutor's Commission in Indonesia

<table width="593" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>This study aims to analyze the causes of the ineffective supervision carried out by the Prosecutor's Commission in an effort to improve the performance of the Public Prosecutors Office of the Republic of Indonesia. The facts show that there are many negative public reports and complaints regarding the performance of the AGO. These reports are examined first, before being given a recommendation to the Attorney General. As the external supervisor of the Public Prosecution Service, the Prosecutor's Commission has the task of supervising, monitoring and evaluating the behavior of prosecutors and public prosecutors. The existence of the Republican Prosecutor's Commission is experiencing weaknesses in carrying out its duties and authorities</em><em>.</em></p><p><strong><em>Keywords:</em></strong></p><p><em>Prosecutor's Commissioner; Effectiveness; Indonesia.</em></p></td></tr></tbody></table>

An inquiry into the blurring boundaries between professionals and paraprofessionals in Dutch courts and the public prosecution service

The autonomous position of legal professionals is no longer self-evident. Professionals are under increased pressure to reform. This phenomenon is not only true for legal professionals. A broader trend – which is recognised for the medical profession, academic profession and alike – is that paraprofessionals are gaining a more prominent position. In this paper, we focus on the developments in the Dutch public justice system. We conduct a case-study on the role of paraprofessionals in courts and in the public prosecution service – two understudied legal institutions in this regard. By drawing on empirical data unfolding the working routine of the judiciary and the prosecution service, we find two paradigms that define the thinking about professionalism: a traditional ‘pure professional’ paradigm and a new, more hybrid paradigm that includes (policy-based) managerial thinking. The latter appears to be enhanced by a New Public Management (NPM) approach within these institutions. Although we observe resistance among (para)professionals towards professional changes and ambiguity in the relationships between professionals and paraprofessionals, we also observe that managerialism has changed the work processes and the division of labour between professionals and paraprofessionals.

Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813

Summary In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.

Cassatieberoepen tegen criminele vonnissen en arresten in het Scheldedepartement, 1796-1813

Summary In the Scheldt department (Département de l’Escaut), cassation appeal for violation of law against criminal judgments by a Criminal Court was introduced in 1796 and could be made by both the convicted and the Public Prosecution Service. In total, 265 (16, 6%) of the 1595 criminal judgments were appealed in cassation by 373 criminal convicted persons and in 12 cases by the Public Prosecution Service. Of those 265 cassation appeals, 236 (89%) were rejected and 29 (11%) were accepted. The motives that the Court of Cassation applied to aside these 29 judgments were very diverse and related to the violations of law that both the lower investigative bodies and the judges of the Criminal Court had committed in the course of criminal proceedings.

La Fiscalía española ¿Debe ser una institución independiente?

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.