FUNCTIONAL DIFFERENTIATION IN CRIMINAL CODE: THE ROLE OF PROSECUTORS AS CASE CONTROLLERS IN INDONESIAN LAW

Abstract

The principle of functional differentiation adopted by the Criminal Procedure Code can potentially cause significant problems in the future, especially for the Prosecutors office, which will cause many free verdicts due to the loss of ammunition of evidence presented by the Public Prosecutor. By using normative and empirical legal research methods (combined), normative legal research is carried out using a statute approach, a historical approach, and a comparative approach. This paper will discuss the position of the Prosecutors Office as a dominus litis in the Criminal Procedure Code if combined with an integrated criminal justice system that contains the principle of functional differentiation. The position of the Prosecutors Office as the controller of the case (dominus litis) after the enactment of the Criminal Procedure Code cannot be fully applied in the investigation process. Because they cannot be directly involved in the investigation, as in the validity period of the HIR, it is necessary to build more open communication from the beginning of the investigation. It will be perfect if it is built continuously by eliminating the sectoral egos of each institution.