This is what must be reinforced in the criminal legal system during the draft law on criminal procedure

[***]In the context of the report on the discussion of the bill on the Code of Criminal Procedure (bill of the Code of Criminal Procedure), the controversy emerged concerning the authority of each application of the law.

[***]On the one hand, there is an impression of forcing that the investigators refer only to the authority of the Indonesian police.

[***]Even in terms of extraordinary criminal acts such as corruption and serious human rights violations (HAM), only Indonesian national police investigators are authorized to manage it.

[***]In fact, as the United Nations Convention, the prosecutor had a role in cases that have been classified as extraordinary crimes such as corruption and gross violations of human rights.

[***]I think that as a practitioner and president of the PDI -P DPP in the field of legal reform, the authority of this investigation cannot be charged with the police.

[***]We must continue to support and give prosecutors' right to investigate extraordinary crimes such as corruption and blatant human rights violations.

[***]The declaration is not only a support, but an argumentary student who can be taken into account.

[***]Investigation of extraordinary crimes

[***]Based on Guidelines on the role of prosecutors Of the United Nations, that the prosecutor must play an active role in the criminal legal system.

[***]Because of its representation of the State for interests and public justice, the prosecutor should be authorized to investigate a case or a crime, in particular corruption, abuse of power, blatant violations of human rights and other crimes counted in international law.

[***]Based on Guidelines on the role of prosecutors From the United Nations, I think the prosecutor should always have the right to demand specific crimes as described.

[***]In addition, the development of criminal acts of corruption and blatant human rights violations in Indonesia is still a serious problem.

[***]In addition, our corruption index does not move, even tends to drop, in particular for 10 years the administration of Joko Widodo.

[***]The owner of

[***]This principle or this principle becomes controversy because it is concerned that the authority of the prosecutor becomes absolute in terms of treatment of criminal affairs.

[***]I think, the principle the owner of It becomes important to strengthen proof of a criminal case.

[***]Because, in the modern investigation of the criminal legal system, and prosecution is an inseparable unit.

[***]This is where the importance of principles the owner of Trained in our draft law on the code of criminal procedure so that the prosecutor can directly supervise the process of processing a criminal case in order to avoid the file which goes and comes as has been performed so far.

[***]The principle is also important because all cases should not be taken to the trial, so with the strengthening the owner of In the bill on the Criminal Procedure Code, the prosecutor can immediately decide whether the case may be brought to the trial or not due to the results of the coordination with the investigators.

[***]So, I think it's excessive if there is a concern that strengthens principles the owner of The code of criminal procedure will provide absolute authority to the prosecutor.

[***]I think the principle is like Check and counterweight against the authority of the investigator.

[***]In addition, we know the authority of police investigators to manage huge criminal cases.

[***]Restorative justice

[***]Reinforcement principles the owner of in the code of criminal procedure is in fact closely linked to the approach restorative justice.

[***]Until now, the settlement of criminal affairs has gone through restorative justice Or restorative justice has not been regulated in the Code of Criminal Procedure Bill.

[***]In fact, as I revealed that all criminal cases should not be brought to the trial.

[***]And it's in accordance with movement restorative justice or repairing justice as mentioned in the United Nations Convention, which is an inclusive, flexible and participative approach which can be a complement or an alternative in the conventional criminal justice process.

[***]The approach offers various parties the opportunity, in particular in terms of the reinstatement of victims to participate in the management of crimes and the repair of losses resulting from these crimes.

[***]By strengthening the principles the owner of This gives the prosecutor the authority to continue a criminal case, the approach of restorative justice has a place.

[***]Because by strengthening the principle the owner ofThen the prosecutor can quickly decide whether the case is brought to the trial or not by coordinating with the investigators.

[***]To keep in mind, restorative justice It is not a dismissal of criminal affairs but another settlement of criminal affairs outside conventional trials.

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