Legal Analysis of The Implementation of The Single Prosecution System in The Criminal Justice System (Study at The District Prosecutor's Office of Bogor Regency)

Abstract

Abstract. The criminal justice system has a single prosecution system principle that places the prosecutor as the public prosecutor and is interpreted as an implementation of the principle reflected in Article 2 paragraph (2) of Law Number 11 of 2021, this principle is the true meaning of the principle of one and inseparable. The objectives of this research are: 1) to study and analyze the legal implementation of the single prosecution system in the current criminal justice system; 2) to study and analyze the legal weaknesses of the implementation of the single prosecution system in the criminal justice system and their solutions. This research uses an empirical legal approach, employing a descriptive analytical research method. The data used are primary and secondary data, which will be analyzed qualitatively. The research problem is analyzed using the theory of authority, the theory of legal systems, and the theory of justice. The results of the study concluded that: 1) The implementation of a single prosecution system in the current criminal justice system that the Single Prosecutor in the criminal justice system will provide legal certainty, with the implementation of a single prosecutor in the existing justice system it will be ensured that every prosecution process is under the responsibility of the prosecutor as the highest authority holder. The legal certainty created by the single prosecutor system makes the implementation of prosecution better, less ambiguous, and effective; 2). The weakness of the legal substance aspect of the implementation of the single prosecution system in the criminal justice system is that there is no clear separation between the criminal justice subsystems so that there is a phenomenon of overlapping authority between the subsystems. The weakness of the legal structure aspect is that the investigative power, the prosecutorial power has not been structured in the chapter on Judicial Power in the 1945 Constitution. The weakness of the legal culture aspect is that the public does not fully trust the criminal justice system. The solution to the weakness of the legal substance aspect is to make a clear separation between the criminal justice subsystems so that there is no phenomenon of overlapping authority between the subsystems, while the solution to the weakness of the legal structure aspect is the need to place the investigative power, the prosecutorial power in the chapter on Judicial Power in the 1945 Constitution if in the future there will be a fifth amendment. The weakness of the legal culture aspect is to implement effective law enforcement and be free from political influence.