Indonesian Prosecution Policy

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The Indonesian prosecution policy formally adheres to the expediency principle, also known as the opportunity principle (opportuniteitsbeginsel). This principle has been adopted from the colonial Dutch criminal law and gives the public prosecutor the discretion to dismiss a criminal case for reasons of public interest. However, since 1961, only the Attorney General of Indonesia himself has had the power to decide not to prosecute for public interest reasons by appealing to the deponering. The Attorney general is the supreme prosecutor. It means that all of public prosecutors are just attorney of the supreme prosecutor. They are responsible not to the victims, but to the supreme prosecutor hierarchically. Due to the absence of the deponering…show more content…
When The KUHAP (the code of criminal procedure) was enacted in 1981, prosecutors are like postmen who bring the dossier from police to the court to ask the legalization from judges. They could not examine the fact and supervise the police investigation effectively. The KUHAP differentiate the investigation step with the prosecution step. The Police have full authority to conduct the investigation without any intervention from the IPS. The only IPS supervision is when the police complete the investigation and send the dossier to the…show more content…
The examining prosecutor will follow the investigation process passively in the office waiting for police coming for a consultation. However, frequently the police send the SPDP along with the detention extension application to the IPS or with the dossier. In certain cases when the suspect is not detained, the police do not send the SPDP to the IPS though they investigate and arrest people. When the suspect pays some money, the police will dismiss the case. As a result, there are countless malicious prosecutions in Indonesia due to the absence of guidelines and the accountability in investigation and prosecution process. In the pre-prosecution step, the police give the dossier commonly when they already have completed the investigation; thereafter the prosecutor examines the dossier. In the dossier, the police have decided the article and made and wrote the criminal act resume similar to the prosecutor indictment. Therefore, some police officers are reluctant when the prosecutor refuses the dossier and gives the direction how to complete the dossier. Thus, some of them would try to threat, bribe or force the prosecutor to accept the

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