Karya Ilmiah

DISERTASI (312) - Kewenangan Penghentian, Penundaan Penuntutan dan Pengesampingan Perkara

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The use of authority to terminate prosecution or waiver of cases must be used
carefully and pay attention to the interests of the victim as the party most
disadvantaged in the occurrence of criminal acts. Based on the practice of using
authority to terminate prosecution and case waiver, the researcher has the
conclusion that the current rules are not enough to guarantee legal and justice
certainty so it is necessary to conduct this research.
The philosophy of the authority to terminate prosecution is the termination of
prosecution is the discretionary authority attached to the public prosecutor for
carrying out the prosecution function, as a form of legal certainty in the
enforcement of criminal law if there is a clear and clear arrangement regarding the
concept, terms and mechanism for terminating prosecution. Philosophically the
authority to terminate prosecution is a means for public prosecutors to bring about
prosecution that prioritizes the interests of the community and new alternatives in
the criminal justice system with a restorative justice approach to fulfill a sense of
justice for perpetrators, victims and the community. The philosophy of delaying
prosecution is the discretionary authority of the public prosecutor to delay
prosecution in order to prevent the increasing chaos that exists in the community.
Because the concept used is a delay in termination of the prosecution, the legal
consequences, the expiration of the prosecution of the case ceases. Termination of
the prosecution will provide legal certainty for the enforcement of criminal law and
as a form of legal protection for victims of criminal acts. Thus, in essence the
postponement of prosecution stops the expiration of criminal prosecution so that
any action to delay the prosecution will not provide benefits to the perpetrators of
the crime. The case waiver philosophy is the authority of the Attorney General to
override matters in the public interest to safeguard and uphold the authority of the
government and the state in law enforcement and political stability, security and
protect the interests of the more important and large people by overriding the
interests of prosecution.

Keywords: Authority, Prosecution, Attorney

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Ketersediaan

031417017319

312 Wal k

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

312 Wal k

Penerbit

Surabaya : Fakultas Hukum Unair., 2020

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

KEWENANGAN PENGADILAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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