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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-02 | 27-33
Review Article
Restructuring the Termination of Prosecution in the Criminal Jurisdiction System of Indonesia
Raymond Ali, Muhammad Said Karim, Andi Muhammad Sofyan, Achmad Ruslan
Published : Feb. 4, 2021
DOI : 10.36348/sijlcj.2021.v04i02.001
Abstract
The current system of Indonesia for the Termination of Prosecution is deemed ineffective and efficient and has not reached a number of issues that touch the aspect of justice as has been universally applicable in both countries that adhere to civil law and common law systems. The research is a normative-juridical research, using a statute, conceptual and case approaches. The results show that the implementation of the concept of terminating prosecution, both based on the principle of legality and adjudicating cases in the public interest (principle of opportunities) is currently considered ineffective, therefore most cases are transferred to courts which are subsequently examined and decided by judges. It causes the criminal justice system not running in a simple, fast and inexpensive manner and led to an increase in the number of prisoners living in prisons and having to get maintenance from the state. The termination of prosecution using the principle of opportunity needs to be delegated authority from the Attorney General to the Public Prosecutor, especially in relation to the consideration that there has been a settlement between the suspect and the victim as well as crimes committed by vulnerable groups.
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