Akibat hukum terhadap ketidakcermatan jaksa penuntut umum dalam penyusunan surat dakwaan = The Legal effect of public prosecutor's negligence in formatting the letter of indictment

Mailangkay, Valerie Sharon (2017) Akibat hukum terhadap ketidakcermatan jaksa penuntut umum dalam penyusunan surat dakwaan = The Legal effect of public prosecutor's negligence in formatting the letter of indictment. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The Administration of justice in Indonesia, depends on the work of legal enforcement officials, in accordance with their respective roles. Whether the police, prosecutors, judges, and other prison staff have their place in the integrated criminal justice system. The law enforcement within the system has different roles, which they have to be working together in unison in order to achieve justice. In the system, public prosecutors takes quite a large and important role. The authority of the public prosecutor in the prosecution in criminal cases, ultimately determines whether the defendant received a sanction or punishment in accordance with the criminal act that has been conducted. The letter of indictment of a case prepared by the public prosecutor in the prosecution must be formatted in detail and with much care, if not carefully and thoroughly prepared in accordance with Article 143 paragraph (2) of Law No. 8 of 1981 on Criminal Procedure Code, in which it contains a formal and substantive aspects of the letter of indictment, then it can lead to an annulment of law/void of the case as written in Article 143 paragraph (3) of Law No. 8 of 1981 on Criminal Proceedings and have the legal effect towards the integrated criminal justice system. In this study, the authors use the method of normative research / literature. This type of research is a descriptive analytic method. The next type of data used is secondary data. Data collection techniques in this research is the study of literature, which in this literature study authors use case approach and legislation. The results of this analysis are then discussed to gain an understanding of the problem so it can be deduced that can be accounted for using the deductive method, since this study began with a hypothesis of the legal consequences arising from the inaccuracy Public Prosecutor in the preparation of the indictment, and is described by-case analysis. Cases were analyzed in this study is the case Defamation Case Number Registration Number: 1269 / Pid.B / 2009 / PN.TNG and narcotics criminal case No. 19 / Pid.Sus / 2015 / PN.Sim, which in the two decisions the declared null and void as inaccuracy public prosecutor in the preparation of the indictment.

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