Authority Of The Prosecutor And Eradication Commission Corruption In The Execution Of Criminal Acts Of Corruption

Adiano, Chindra (2020) Authority Of The Prosecutor And Eradication Commission Corruption In The Execution Of Criminal Acts Of Corruption. Masters thesis, Untag 1945 Surabaya.

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Abstract

The prosecutor's office has the duty and authority to eradicate corruption in the form of the authority to investigate criminal acts of corruption based on the provisions of Article 30 paragraph (1) letter of Law Number 16 Year 2004 concerning the Attorney General's Office of the Republic of Indonesia, and at the same time strengthen the provisions of Article 284 paragraph (2) of the Criminal Procedure Code which underlies the authority of the Prosecutor's Office in conducting an investigation of corruption. In line with the objectives of the prosecutor's office to eradicate corruption in Indonesia, the Corruption Eradication Commission also carries out the mandate of the Law to eradicate corruption, as contained in and regulated in Article 6 and Article 11 of Law No. 30 of 2002 concerning the Corruption Eradication Commission. As the prosecution is a typical authority (dominus litis) of the prosecutor's office, the implementation of court decisions that have permanent legal force (incraaht) are also the authority of the prosecutor's office. This is a justification and legitimacy for the Prosecutor's Office to act as a public prosecutor and as an executor who carries out the court's decision and or decision. Normatively, KPK employees as public prosecutors do not have executorial authority or implement court decisions that have permanent legal force, so that the execution so far is not legal and consequently the execution is null and void. The KPK prosecutor has duties, authorities, obligations and rights in a new position as per the KPK Law. The KPK's public prosecutor can no longer be called a prosecutor as referred to in the Prosecutor's Law, but is referred to as an KPK employee who is given the duties and authority as a public prosecutor by law. This is because in the Criminal Procedure Code which is declared as the executor of a court decision is a prosecutor at the Prosecutor's Office. Based on the existing problems, a legal research can be applied using the normative legal research method, with the form of a legal study that aims to assess the implementation of a statutory regulation and carried out by conducting library research and field research, by evaluating comparisons based on norms and existing provisions. So in the end, it can be seen that the authority directly related to the execution of court decisions by the KPK is not strictly regulated. Regulated in the Corruption Eradication Commission Law is limited to the authority of the Corruption Eradication Commission in the investigation, investigation and prosecution of criminal acts. The principle of dominus litis, which confirms that there is no other institutions has the right to prosecute other than the Public Prosecutor who is absolute and monopolistic, because the Prosecutor's Office is the only institution that has and monopolizes the functions of the prosecution and settlement of criminal cases.

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