Minimum Criminal Prosecution Specifically in Cases of Corruption by the Prosecutor's Office

Abstract

Abstract. This research aims to aims to find out and analyze the implementation of special minimum criminal prosecution in corruption cases by the Prosecutor's Office, to find out and analyze the obstacles and solutions to the implementation of special minimum criminal prosecution in corruption cases by the Prosecutor's Office. Based on the study, it was concluded that the special minimum criminal prosecution in corruption cases at the Hulu Sungai Selatan District Attorney's Office was carried out based on the Attorney General's Guidelines Number 1 of 2019, with the condition that the suspect/defendant returns 100% of the state's financial losses. However, the obstacle faced is that many defendants are unable to return the losses, so that special minimum criminal prosecution cannot be carried out. Although the return of losses allows for minimal criminal charges, the case title procedure at the High Prosecutor's Office is still required in some cases. However, with the change in policy through the latest Circular, a case title at the High Prosecutor's Office is no longer required, so that special minimum criminal prosecution can be implemented without any obstacles.

Keywords: Corruption; Crime; Prosecution.