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All Journal International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Journal of International Islamic Law, Human Right and Public Policy
Ris Piere Handoko
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Religion Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice

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THE AUTHORITY OF THE PUBLIC PROSECUTOR IN CARRYING OUT CONFISCATION OF EVIDENCE OF CORRUPTION CRIMINAL ACTS IN PROSECUTION STAGE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.144

Abstract

The Criminal Procedure Code (KUHAP) expressly authorizes investigators to confiscate in order to maintain the security and integrity of these objects, but the confiscation must be based on the conditions and procedures determined by law and the confiscation is intended for the purpose of proof, especially as evidence in court. The research method used is a normative juridical research approach, namely an approach carried out by examining theoretical approaches, concepts, reviewing laws and regulations related to the implementation of the authority of the Public Prosecutor in confiscating evidence of corruption crimes at the Prosecution Stage. Based on research that the legal process of confiscating evidence of corruption by the Public Prosecutor at the Prosecution Stage, if during the trial legal facts are found related to the defendant's assets that have not been confiscated at the investigation stage, then the Public Prosecutor can submit a request for confiscation permission to the Panel of Judges then after being granted then the Panel of Judges issues a Determination of Confiscation Permit from the Panel of Judges, Furthermore, the Public Prosecutor in following up on the determination makes a Minutes of Implementation of the Judge's Determination and Minutes of Implementation of Confiscation which are then attached to the case file and stated in the indictment regarding evidence.
AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Abstract

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.
Co-Authors MHD AZHALI Siregar Muhammad Arif Sahlepi