SINICRONISASI KEBIJAKAN LEGISLATIF TENTANG KEWENANGAN PENYIDIICAN PERKARA PIDANA DAN IMPLEMENTASINYA DALAM SISTEM PERADILAN PIDANA YANG INTEGRAL

Abstract

Criminal investigation very important in the law enforcement process. As a part on the criminal justice system, it seldom malces overlap in the application, for example : the institutions who have authority to investigate criminal cases based the regulation that regulated it. Act No. 8 / 1981 About The Code of Criminal Procedure Law (KUHAP), as the criminal procedure law, only regulated/known the criminal investigative Institutions were Police and the Public Servant Investigator (PPNS), but the criminal regulation outside the criminal code (KUHP) regulate the Prosecutor and Indonesia Navy Seal gm AL) as investigator. Based Art. 284 Act. 8 / 1981 About The Code of The Criminal Procedure Law (KUHAP), that regulate the special regulations about criminal procedure law outside the criminal code (KUHP). It malces "law handicap" that caused overlap between Police and Public Prosecutor because both of them have authority to investigate special crime. So do the investigation mechanism from the Public Servant Investigator (PPNS) to Public Prosecutor, the code of the criminal procedure law (KUHAP regulate that announcement investigation was started (SPDP) and give over the Result of Criminal Investigation to Public Prosecutor without announce Police, but the practice, The Public Servant Investigator (PPNS) give over the result of the criminal investigation to Public Prosecutor. Based criminal justice system perspective, overlap of the application in the criminal investigation wasn't support to realize the integrated criminal justice system, so it was needed the legislative police to synchronize the criminal investigation authority between one institution and others. Legislative police synchronization to regulate about the criminal investigation authority could be reached, with : - Inventory the criminal regulations outside the criminal code (ICUHP) that regulate criminal investigation to lcnow where the criminal regulations outside the criminal code (KUHP) wasn't synchronize with the code of criminal procedure law (KUHAP) as the general provision criminal procedure law; - Reorientation and reevaluation criminal investigation authority based on the application criminal investigation before and after Act. NO. 8 / 1981 about the code of criminal procedure law (KUHAP) so we can get something have to do and reach the ideal principle in the application criminal investigation Authority; - Reformulation horizontal control system between investigator with public prosecutor in the criminal investigative application to realize integrated criminal justice system; - Reformulation about one investigative institution who has one coordination in all criminal investigative activities.