PENYAMPINGAN PERKARA PIDANA OLEH JAKSA DALAM SISTEM PERADILAN PIDANA

Abstract

Discretionary is one of the authority of prosecutors to postpone the decision in charging or punish someone whose guilty eventhough the person has been prove to be guilty. This discretionary actually was one of the missing link in finishing the process of criminal case in criminal justice system such as: investigation, police investigation, prosecution, court session, and punishment. This research was done in order to find out the proseutorial power and their duty in ignoring criminal case has been ruled in UU No. 5/1991, the code of criminal procedures UU No. 8/1981 and in the penal code (KUHP). Using juridical normative method and empirical or sociological approach did the research. The result of the research shows that: First that the authorities of discretionary can only be done by the attorney general. This was an action in discontinuance prosecution for policy reason. Second, the attorney cannot do this discretionary. The attorney can only stop criminal case prosecution for technical reason. Third, in the real situation the attorney often find criminal case (hat because of technicil reason) in which the case must be threaten properly for discretionary. But unfortunately it cannot be done by the attorney because there are some reasons which made discretionary cannot be done by the attorney for instance : a) Law Factor that is there hasn't been any rule of law to arrange discretionary which can be done by the attorney. b). Factor from the people who upholds the law, because of the lack in socialization of opportunism principles and because there are some misunderstanding about duty and the power of prosecutorial in prosecution that is the attorney general office are one and cannot be separated from each other, and because of attorney general office are not independen and less of coordination between judicature officials.