Eksistensi Single Prosecution System Terhadap Kewenangan Jaksa Dalam Penuntutan

Abstract

The existence of the principle of a single prosecution system in the criminal justice system in Indonesia became a question after the birth of the KPK. This principle provides benefits and understanding that prosecutors in the Indonesian criminal justice system are organized in a state institution called the Attorney General of the Republic of Indonesia. The Attorney General's Office of the Republic of Indonesia is led by the Attorney General. The Attorney General is a top legal official and acts as a guardian of the public interest. The Attorney General's authority is carried out with the principle of the Prosecutor's Office as a unit and inseparable. The KPK also carries out the function of prosecuting and executing corruption cases which are independent of the Attorney General's authority. So the problem that arises is where the principle of the single prosecution system in the prosecutor's office does not work as it should. The problem that arises, how is the existence of a single prosecution system between the Corruption Eradication Commission and the Indonesian Attorney General's Office? How is the coordination with the prosecution authority between the Corruption Eradication Commission and the Indonesian Attorney General's Office? The research method uses a normative juridical method and a statute approach. The results of the study show that: The existence of the principle of a single prosecution system in Indonesia is divided into two, namely the Indonesian Attorney General's Office and the KPK. There is no clear regulation regarding coordination regarding prosecution between the KPK and the Indonesian Attorney General's Office. There is no clarity regarding the Prosecutor who is seconded to the KPK regarding his position, while his duties and authorities are still the public prosecutor. To improve the existence of the principle of the single prosecution system, it needs to be re-evaluated and strengthened.