The Formulation for Implementation of Prosecution of Criminal Actions Causing Serious Injury at The Bone State Attorney

Erdito Wirajati, Sri Endah Wahyuningsih

Abstract


The prosecution stage is one of the stages of settling criminal cases carried out by the Public Prosecutor whose provisions are subject to Article 30 of Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. This writing aims to understand and analyze the formulation of the implementation of the Prosecution and the role of the Public Prosecutor (JPU) in carrying out the criminal act of persecution which caused serious injury to the Bone District Attorney. The approach used in this research is a sociological juridical approach, that is, by discovering the legal reality experienced in the field or an approach based on problems regarding juridical matters and existing facts. The analytical knife in this paper uses the theory of legal certainty and the theory of legal effectiveness. The results showed that the formulation of the implementation of the prosecution of the crime of persecution which caused serious injury to the Bone District Attorney was in accordance with the laws and regulations in force in Indonesia. Prosecutors and prosecutors at the Bone State Prosecutor's Office in carrying out their pre-prosecution and prosecution are based on the applicable law. The role of the Public Prosecutor at the Bone State Prosecutor's Office in carrying out the prosecution of the perpetrators of the crime of persecution stipulated in Article 351 Paragraph (1) of the Criminal Code has been carried out step by step.
Keywords: Criminal; Persecution; Prosecution.

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References


Book

Attorney General's Office Education and Training Agency of the Republic of Indonesia, 2013, Pre-Prosecution Module, Jakarta.

Djoko Prakoso. 1987, Investigators, Public Prosecutors, Judges in Criminal Procedure Legal Processes, Bina Script, Jakarta.

Hilman Hadi Kusuma, 2012, Methods for Making Working Papers or Legal Studies Thesis, CV. Mandar Maju, Bandung.

Moh. Hatta, 2009, Some Problems of Enforcement of General Criminal Law and Special Crimes, Yogyakarta: Liberty.

Rodliyah and Salim, 2017, Special Criminal Law, PT Raja Grafindo Persada, Depok.

Soenarto Soerodibroto, 2009, Criminal Code and Criminal Procedure Code Complemented by the Jurisprudence of the Supreme Court and Hoge Raad, Raja Grafindo Persada, Jakarta.

Soerjono Soekanto, 2008, Factors Influencing Law Enforcement, PT Raja Grafindo Persada, Jakarta.

Scientific Journals/Articles

Sri Endah Wahyuningsih, 2017, "Criminal Law Enforcement Against Drug Users in Central Java Regional Police", Journal, September.

Rudiansyah, 2021, "The Existence of the Prosecutor's Commission of the Republic of Indonesia After the Enforcement of Law Number 5 of 2014 concerning the State Civil Apparatus", Journal of Intellectuality: Islam, Social and Science, Vol. 10, No. 1.

Regulation

The 1945 Constitution of the Republic of Indonesia.

The Criminal Code

The Criminal Procedure Code

Law Number 1 of 2023 concerning the Criminal Code

Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General of the Republic of Indonesia

Decree of the Attorney General of the Republic of Indonesia Number: KEP-518/A/JA/11/2001 dated November 1, 2001 concerning Amendments to the Decree of the Attorney General of the Republic of Indonesia Number: KEP-132/JA/11/1994 dated November 7, 1994 concerning Administration of Criminal Cases.




DOI: http://dx.doi.org/10.30659/rlj.2.2.%25p

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