The Effectiveness of Fair Pre-Prosecution: Solutions to Current Law Enforcement Problems

DOI

10.2991/978-2-38476-315-3_11How to use a DOI?

Keywords

Criminal Law Enforcement; Pre-Prosecution; Principles of Functional Differentiation

Abstract

The implementation of law enforcement in Indonesia is currently regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code, which still causes various problems, especially in the pre-prosecution stage, which involves the relationship between the investigator and the Public Prosecutor. To resolve cases quickly, precisely, accurately, and fairly, it is necessary to integrate the principle of functional differentiation in resolving cases between investigators and the Public Prosecutor. This research uses a normative juridical approach to examine the application of the Criminal Procedure Code in the criminal justice system in Indonesia. It compares it with the criminal justice systems in South Korea, the United States, the Netherlands, and Germany. Data was collected through secondary data collection techniques (library research). The research results show that implementing the principle of functional differentiation in Indonesia’s criminal justice system has been ineffective and often creates legal uncertainty. Comparisons with other countries show that better integration between investigators and Public Prosecutors can speed up the legal process and increase accuracy and fairness. This discussion emphasizes revising the KUHAP to accommodate this integration and involve various stakeholders, especially lawmakers, to create more effective and efficient laws and regulations. In conclusion, reform of the criminal justice system in Indonesia is needed by adopting best practices from other countries to achieve fairer law enforcement for society.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Muhamad Yofhan Wibianto
AU  - Hartiwiningsih Hartiwiningsih
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - The Effectiveness of Fair Pre-Prosecution: Solutions to Current Law Enforcement Problems
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 67
EP  - 76
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_11
DO  - 10.2991/978-2-38476-315-3_11
ID  - Wibianto2024
ER  -