Yustisia
Vol 5, No 3: December 2016

THE PRINCIPLE OF PRESUMPTION OF INNOCENCE AND PROSECUTION POLICY

M . Haryanto (Faculty of Law, Satya Wacana Christian University)



Article Info

Publish Date
28 Dec 2016

Abstract

The issue IF this article is to be addressed in this article is the incompatibility between the prosecution policy issued by the Supreme Prosecutor’s Office of the Republic of Indonesia and the principle of presumption of innocence. This article finds that the General Attorney’s Office disregards the principle of presumption of innocence recognized by the Criminal Procedural Law by issuing General Attorney Directive on Criminal Prosecution and General Attorney Notice  dispatched to the Head of High Prosecutor’s Office which denied the Prosecutor’s authority to request for acquittal in a criminal litigation. To solve this issue, the author argues that in a case where the evidence did not support the prosecution in relation with the existence of the crime or the perpetrator who is not the convicted, the Prosecutor should embrace the principle of presumption of innocence and consequently request for acquittal of the accused or convicted. 

Copyrights © 2016






Journal Info

Abbrev

Yustisia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, ...