KONSEKUENSI TIDAK DIBATASINYA PENGEMBALIAN BERKAS PERKARA DARI PENUNTUT UMUM KEPADA PENYIDIK DALAM PRAKTEK PERKARA PIDANA

Tanggahma, Irianto (2019) KONSEKUENSI TIDAK DIBATASINYA PENGEMBALIAN BERKAS PERKARA DARI PENUNTUT UMUM KEPADA PENYIDIK DALAM PRAKTEK PERKARA PIDANA. S1 thesis, UAJY.

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Abstract

The absence of restrictions on the return of criminal case file at the pre-prosecution stage, deviating from the principle of quick trials, simple court, and cheap court. This is in because the law enforcement officers, especially the police as investigator and prosecutors as the public prosecutor can add a long period of the examination of the criminal case file, examination of criminal files by the public prosecutor for seven days and a police investigation for fourteen days, if it happenens repeatedly then it will increase the duration of detention of a suspect in terms of seeking legal certainty. Unrestricted tge return og filing case often leads to devitions from the quick, simple, and law-cost judicial principles. This is because the case back and fort beetwen the prosecutor and the investigator takes seven days and fourteen days in the police insvestigator, if this happens repeatedly then it will increase thesuspect’s detention time. The consequence of unrestricted return of the police as the investigator or the prosecutor as the public prosecutor my repeat the case file repeated many time to increase the time to complete the case file. Clarity of the regulations on the number of times the return of file bundles by the public prosecutor, it is expected that the process of handling criminal case by law enforcement officers especially in the pre-prosecutions phase can minimize back and forth case file. If after being returned by the investigator is still considered incomplete by the public prosecutor, the prosecutor should be given the autohority to cunduct further investigation in order to back and forth the case file that has been happening can be avoided.

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