Prosecution Research Articles

The Ideal Concept of The Selection of The Republic of Indonesia in The Regulation of The Republic of Indonesia

Objective: This study aims to analyze the position of the Prosecutor in Indonesia in the current state administration. Method: With the formal legal method, data on the Prosecutor's Office is comprehensively reviewed. Law Number 16 of 2004 which emphasizes the position of prosecutors as functional officials who are authorized by law to act as public prosecutors and executors of court decisions that have obtained permanent legal force and other powers based on the law. Results and Discussion: The result of this research find that the Prosecutors' Office is one of the pillars of the legal bureaucracy that is inseparable from the demands of the litigating community to carry out their duties more professionally and in favor of the truth. As far as it is remembered, the attorney general's office in history has never felt so degenerated as it is today. Originality/Value: Highlight and sharp criticism from the public, directed at him especially to the attorney general's office, in the near future does not seem to be receding, even though some improvements have been made.

REPRESENTATION OF THE STATE’S INTERESTS IN COURT BY THE PROSECUTOR: IN SEARCH OF TRENDS IN THE DEVELOPMENT OF THE CONCEPTUAL FRAMEWORK

Introduction. The article analyzes the trends in the development of the conceptual substantiation of the prosecutor’s representation of the State’s interests in court as one of the functions of the Public Prosecutor’s Office in Ukraine, which is one of the constitutionally enshrined areas of the prosecutor’s office’s activities aimed at protecting the interests of the State in court in exceptional cases and in accordance with the procedure established by law. The legal uncertainty inherent in the legal regulation of this function of the Public Prosecutor’s Office leads to an active scientific and expert-practical discourse, which is periodically updated with the emergence of new legal positions of courts or legislative initiatives in this area, which creates preconditions for identifying new trends in the development of the conceptual justification of this function of the Public Prosecutor’s Office. The purpose of the article is to highlight the current trends in the development of the conceptual substantiation of the representative function of the Public Prosecutor’s Office through the prism of dynamic changes in legislation, ambiguity of its application practice and legislative initiatives in the field of the issues under study. Summary of the main results of the study. It is stated that the representative function of the Public Prosecutor’s Office under the current legislative regulation is characterized by certain legal uncertainty and defects in legislative regulation. Legislative initiatives aimed at regulating this issue are not systematic and demonstrate the need for a clear legislative vision of the ways of conceptual development of the representative function of the Public Prosecutor’s Office. The author establishes the lack of consensus on the peculiarities of the Public Prosecutor’s Office representative function at the level of scientific discourse, especially regarding the scope of the object of prosecutorial representation. The author highlights the legal position of the Constitutional Court of Ukraine regarding the representative function of the Public Prosecutor’s Office and provides arguments for considering it as determining a new vector of conceptual development this function at the present stage. Conclusions. The author identifies the following current trends in the development of the conceptual justification of the representative function of the Public Prosecutor’s Office: inconsistency of the legislative regulation of the representative function of the Public Prosecutor’s Office with the constitutional provisions on the scope of the object of prosecutorial representation; insignificant attention to the issues of conceptual development of this function of the Public Prosecutor’s Office in the documents which form the strategic directions of development of the Public Prosecutor’s Office in Ukraine; lack of a clear legislative vision of ways to conceptually bring the legislative regulation of the representative function of the Public Prosecutor’s Office in line with its constitutional legal provisions; polarity of doctrinal views on the object and scope of prosecutorial representation due to their unclear regulatory definition; formation of a new vector of conceptual development of the representative function of the Public Prosecutor’s Office - monopolization of the prosecutor’s powers to represent the interests of the state in court.

Juridical Analysis of the Role and Position of the Young Attorney General for Military Criminal Affairs in Connection Cases

The Prosecutor's Office of the Republic of Indonesia carries out state prosecutorial powers as regulated in Law Number 16 of 2004 which has been amended by Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia (UU Prosecutor's Office). The Supreme Prosecutor's position is as the Highest Public Prosecutor (dominus litis). This is also reflected in the Elucidation of Article 57 paragraph (1) of Law Number 31 of 1997 concerning Military Justice which explains that the Prosecutor General in carrying out prosecutions within the military justice environment is responsible to the Attorney General as dominus litis. However, in practice, prosecutors often do not report the implementation of the prosecution of military criminal cases they handle to the Attorney General, so that unified implementation of the one-roof prosecution policy (one-roof system) has not been achieved. Reflecting on the various circumstances above, a Junior Attorney General for Military Crimes was formed in the organizational structure of the Attorney General's Office of the Republic of Indonesia. Based on this description, the formulation of the problem studied by the author is: 1) What is the role and position of the Deputy Attorney General for Military Crimes in connectivity cases? 2) What are the implications of the presence of the Deputy Attorney General for Military Crimes in connection cases? The research method used is normative juridical with descriptive research. The data collection technique used is document study as the main data. Based on the research results, it can be concluded that Attorney General for Military Crimes has the role of supporting the Attorney General in carrying out the duties and authority of the Prosecutor's Office in the field of technical coordination of prosecutions carried out by the judiciary and handling connection cases. The presence of Attorney General for Military Crimes has implications for efforts to eradicate issues of disparity and dualism in prosecution as well as striving for effectiveness, efficiency and transparency in the process of handling connectivity cases.

Consideration of Petitions for Permission to Cancel a Decision to Terminate a Criminal Case or Criminal Prosecution

The article presents the results of an analysis of court decisions related to the application of the rules governing the judicial procedure for obtaining permission to cancel decisions to terminate a criminal case and criminal prosecution after one year from the date of their issuance (Part 1.1 of Article 214 and Article 214.1 of the Code of Criminal Procedure of the Russian Federation). Particular attention is paid to the courts’ interpretation of the grounds for granting a petition for permission to cancel decisions to terminate criminal prosecution, and their understanding of “new information that is subject to additional investigation”. Specific examples from judicial practice show the motives for judges making relevant decisions. The issue of the admissibility of the results of operational-search activities as “new information” indicating the need to resume the criminal prosecution of a suspect or accused is specifically highlighted and considered.

Ill-treatment in the Chilean prison system - an analysis of reports presented by the National Institute of Human Rights (INDH) and their handling by the legal actors.

Prisons in Latin America are often described as violent and lawless places. This article analyses the Chilean case. We want to find out how complaints of ill-treatment are investigated if the victim is in prison. Our hypothesis is that the response to the phenomenon, both in the prose-cution of the perpetrators and in the protection of its victims, does not take into consideration the guidelines established in international standards, especially those contained in the Istanbul Proto-col. We analysed a total of 124 complaints of ill-treatment filed by the Chilean National Human Rights Institute (INDH). An excessive amount of time elapses between the alleged ill treatment, the filing of complaints, the use of protective measures, and the termination of the cases. There are serious deficiencies in the investigations carried out by the Public Prosecutor's Office, and therefore, most of the complaints are not clarified and end up being shelved. We conclude that, through both the actions of the judges and the prosecutors in the processing of the complaints, when it comes to investigating acts of ill-treatment inside Chilean prisons, the standards of the Istanbul Protocol are not met.

The Role of the European Court of Human Rights in the formation of the Procedures of Criminal Prosecution in Moldova

The Role of the European Court of Human Rights in the formation of the Procedures of Criminal Prosecution in Moldova

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.

Unraveling the Complexities: Factors Influencing Conviction Rates in Violence against Women (VAW) Cases in Northern Bangladesh

This study aims to examine the complex dynamics involved in adjudicating violence against women (VAW) cases within urban settings in Bangladesh, with a focus on the determinants that affect conviction outcomes. Adopting a qualitative research methodology, this inquiry gathers insights from in-depth interviews with 17 key stakeholders, including judges, lawyers, and police officials, within the metropolitan areas of northern Bangladesh. This primary data is further enriched by field observations (court, police station, medical college, and victim support center). The investigation reveals significant procedural deficiencies and systemic challenges encountered during the pre-trial stages of violence against women (VAW) litigation. These include delays in filing complaints, inaccuracies in First Information Reports (FIRs), lapses in evidence preservation, lack of witness cooperation, and discrepancies in medical documentation. The study identifies overarching issues such as inadequate training for investigative officers, substandard evidence collection practices, and the scarcity of forensic expertise as pivotal factors that negatively influence conviction rates. Furthermore, it emphasizes the crucial yet strained role of public prosecutors, who grapple with excessive caseloads, insufficient resources, and a lack of specialized support. This research contributes novel insights into the complexities of prosecuting violence against women (VAW) cases in Bangladesh’s urban centers, highlighting critical inefficiencies within its criminal justice system.

Le rôle du ministère public au procès V13

Interrogation sur le rôle du Ministère public lors du procès de terrorisme V13, par son représentant qui est le seul des acteurs de la procédure qui peut connaitre de la totalité du dossier dans sa continuité, depuis la scène de crime jusqu’à l’audience, et même au-delà avec l’exécution de la peine.

Dirbtinio intelekto taikymo įmonių vidaus tyrimuose teisinės ribos ir baudžiamieji procesiniai padariniai

The paper addressed the following questions: how can AI be applied in corporate internal investigations and what are the legal limits for its use? In case of effective application, how can it affect the admissibility and valuation of the information collected from these procedures in an eventual criminal lawsuit? It was demonstrated that, with the expectation of increasing the effectiveness and efficiency of compliance programs, AI has been used in real-time – and often predictive – supervision of employees, as well as in carrying out internal investigations, through, for example, lie detection systems. However, due to the limitations and risks of this technology, its employment must comply with legal parameters and restrictions. Therefore, three categories of restrictions were analyzed: with respect to (i) legal requirements for data processing, we noted that the processing of data to be used as input in those systems must find legal support in one of the hypotheses provided for in Articles 6 and 9(2) of the GDPR. Furthermore, the fundamental principles that substantiate the test of proportionality between the intended purpose and the intervention to be carried out, provided for in Article 5, must be observed. Regarding (ii) possible prohibitions on the use of AI systems in the context of internal investigations, we observed that the use of technologies to control and supervise the work environment must take into account the requirements of legality, shall not affect areas in which employees’ expectations of privacy must prevail, and, lastly, must observe a second test of proportionality, aimed at assessing whether the technology in question is adequate and necessary to achieve the purpose intended with it and whether the rights possibly affected by it should not prevail. About the (iii) limits to the admissibility and valuation of elements of information from internal investigations, we concluded that their admission in criminal proceedings will depend on a new judgment of legality and proportionality. In addition, they may be admitted when presented by the company, in its defence, or by Public Prosecution, provided that a third test of proportionality is observed and that these elements of information are not considered sufficient to substantiate the conviction of any defendant, therefore having probative value similar to elements from state investigation acts.

Implementation of the Confiscation and Auction of Assets Convicted in the Jiwasraya Corruption Case to Recover State Losses

This research aims to examine one of the corruption cases at Asuransi Jiwasraya LLC which focuses on confiscating and auctioning the assets of convicts in recovering state losses. The method used in this research is a normative legal research method with a statute approach and a case approach. The results of this research show that in the corruption crime of Benny Tjokrosaputro Asuransi Jiwasraya LLC Number: 2937K/Pid.Sus/2021, the panel of judges handed down the decision to confiscate all properties along with the profits obtained by the convict from the criminal act. The confiscation of assets and auction of property is carried out based on applicable legal provisions as per the court decision. The obstacles experienced by the prosecutor's office in efforts to recover assets resulting from criminal acts of corruption include: assets from the criminal acts of corruption are obscured or transferred to other parties, assets or properties from the criminal acts of corruption are used up, assets from the criminal acts of corruption are in a position as collateral to other parties, and assets from the criminal acts of corruption have been transferred abroad.

Handling Child Victims of Incestuous Sexual Violence by The PPA Unit (A Case Study of Sexual Violence by Biological Fathers at the North Jakarta Metro Police)

The process of handling cases of incestuous sexual violence against children by the Child and Woman Protection Unit (PPA) of the Criminal Investigation Unit of the North Jakarta Metro Police Department begins with the receipt of reports from victims. Investigators provide initial services, including counseling and preliminary assessments. Legal psychology is crucial in understanding victims and compiling strong reports. Investigators use cognitive interview methods and various interviewing techniques. Victim support involves multiple parties, and inter-agency cooperation and coordination are essential to provide optimal protection and recovery for victims. Evaluating the competence of investigators in the PPA Unit of the North Jakarta Metro Police Department based on indicators set by Spencer and Spencer. This evaluation shows that investigators have adequate abilities to handle cases of child sexual violence, including incest. Motivation, physical characteristics, self-concept, knowledge, and skills of investigators are key in handling these sensitive cases. Identifying several challenges in the investigation process of child rape faced by the PPA Unit of the North Jakarta Metro Police Department. These challenges include difficulty in obtaining statements from victims, lack of direct eyewitnesses, and delays in the forensic examination process. However, the PPA Unit of the North Jakarta Metro Police Department ensures that the investigation process is carried out in accordance with applicable legal procedures, considering steps such as notifying the Prosecutor's Office, examining witnesses, preparing reports, conducting investigations, holding case hearings, and using coercion to apprehend suspects.

White Nationalism, Politically Motivated Reasoning and Americans’ Attitudes About Criminally Charging Donald Trump

Abstract On 19 December 2022, the United States House Select Committee referred former president Donald Trump to the Department of Justice for criminal prosecution. Subsequently, Mr. Trump was indicted four times and charged with 91 felonies. Nevertheless, some Americans have remained steadfast in supporting him. Observers theorize that indifference to Mr. Trump’s wrongdoing reflects white nationalism and politically motivated reasoning. We test this theory using experimental data from a national survey fielded before any public hearings or charges. Our analyses reveal that Americans who endorse white nationalism and those who hold right-wing political views are more likely to oppose criminal charges. Furthermore, the relationship between white nationalism and attitudes about criminally charging Mr. Trump is indirect, through identification with the political right.

DOMINUS LITIS PADA KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA

The national human rights commission is one of the independent institutions in Indonesia, which is responsible for the enforcement of human rights. In carrying out its functions in the enforcement of human rights, the national human rights commission collaborates with the prosecutor's office because the national human rights commission only discusses the settlement up to the investigation process, and the next process in justice (dominus litis) is carried out by the prosecutor's office. This research intend to understand the role regulation at the national human rights commission, as well as to understand the importance of regulating the role of the dominus litis. This research uses normative legal research methods, by reviewing the laws and regulations relating to the problem. Furthermore, it can be explained about the regulation of the role of dominus litis in the unregulated national commission, because the function of the dominus litis is still under approval by the prosecutor's office. The regulation of the dominant role in the national human rights commission has a very important role in emphasizing the functions and objectives and clarifying the independence of the national human rights commission.

Consent of a Person to a Criminal Case (Criminal Prosecution) Dismissal for Reasons other than Exoneration: Definition and Content

A criminal case (prosecution) dismissal for reasons other than exoneration is associated with the onset of various negative consequences for a person. These may include confiscation of property belonging to them and recognized as material evidence; filing a civil claim against them for compensation for damage caused by a person subjected to criminal prosecution; recovery of procedural costs. The need to clarify consent to a criminal case (prosecution) dismissal is a guarantee of the rights to judicial protection and access to justice, and it is attributable to the need to inform the person about the negative consequences accompanying the criminal case (prosecution) dismissal. The obligation to clarify the consequences of the termination of the case should be reflected in the law. At the same time, in pre-trial proceedings, effective judicial control should act as a reliable guarantee of the property right of the person against whom the criminal case is terminated, assuming the court’s authority to independently make decisions on issues related to the termination of the criminal case (including those related to reimbursement of procedural costs and resolution of the fate of material evidence). The thesis of the Constitutional Court of the Russian Federation on the equivalence of disagreement with the seizure of property following the termination of a criminal case with disagreement with such termination in general is critically evaluated. The optimal approach seems to be in which the consent of a person to a criminal case (prosecution) dismissal is clarified after a certified written explanation of the negative legal consequences of a non-rehabilitating decision. This, however, does not exclude the possibility of appealing the decision in its part, which does not relate to the cancellation of a criminal case (prosecution) dismissal as a whole.

1D-CNN-based audio tampering detection using ENF signals

The extensive adoption of digital audio recording has revolutionized its application in digital forensics, particularly in civil litigation and criminal prosecution. Electric network frequency (ENF) has emerged as a reliable technique in the field of audio forensics. However, the absence of comprehensive ENF reference datasets limits current ENF-based methods. To address this, this study introduces ATD, a blind audio forensics framework based on a one-dimensional convolutional neural network (1D-CNN) model. ATD can identify phase mutations and waveform discontinuities within the tampered ENF signal, without relying on an ENF reference database. To enhance feature extraction, the framework incorporates characteristics of the fundamental harmonics of ENF signals. In addition, a denoising method termed ENF noise reduction (ENR) based on the variational mode decomposition (VMD) and robust filtering algorithm (RFA) is proposed to reduce the impact of external noise on embedded electric network frequency signals. This study investigates three distinct types of audio tampering—deletion, insertion, and replacement—culminating in the design of binary-class tampering detection scenarios and four-class tampering detection scenarios tailored to these tampering types. ATD achieves a tampering detection accuracy of over 93% in the four-class scenario and exceeds 96% in the binary-class scenario. The effectiveness, efficiency, adaptability, and robustness of ATD in the two and four classification scenarios have been confirmed by extensive experiments.

The Right of the Victim and Private Prosecutor to Reconciliation with the Person Who is Being Criminally Prosecuted

The article is devoted to the analysis of the legal regulation of the rights of the victim and private prosecutor to reconciliation with the person against whom criminal prosecution is being carried out . It is concluded that the criminal procedure law in general rules does not establish the right of the victim and private prosecutor to reconciliation with the accused . At the same time, such rights are directly or indirectly regulated in special norms .Arguments are given for and against directly establishing the right of the victim to reconciliation with the accused in Art . 42 of the Code of Criminal Procedure of the Russian Federation . The author comes to the conclusion that in cases of public prosecution, the absence of an obligation to terminate the criminal case in connection with the reconciliation of the parties means the impossibility of directly securing the victim’s right to reconciliation . It is proposed to formulate this right as the right of the victim “to file a petition to terminate the criminal case in connection with the reconciliation of the parties”, which corresponds to the discretionary nature of Art . 25 Code of Criminal Procedure of the Russian Federation . At the same time, it is concluded that this right must be explained to the victim, regardless of the presence of other conditions for exemption from criminal liability in accordance with Art . 76 of the Criminal Code of the Russian Federation .In cases where the case is not dismissed, it is proposed to regard the reconciliation of the parties as a circumstance mitigating punishment .

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA TUNJANGAN KINERJA KEJAKSAAN NEGERI BANDAR LAMPUNG

ABSTRACT Corruption is a form of dishonesty or criminal act committed by a person or an organization entrusted with a position of power, to obtain illicit profits or abuse of power for one's personal gain. The problem in this research is what was the factor that caused the perpetrator to commit the criminal act of corruption in the performance allowance funds of the Bandar Lampung State Prosecutor's Office (Decision Study Number: 16/Pid.Sus-TPK/2023/PN.Tjk) Article 2 paragraph (1) Jo. Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes Jo. Article 55 paragraph (1) 1 of the Criminal Code Jo. Article 64 paragraph (1) 1 of the Criminal Code, Law Number 46 of 2009 concerning Corruption Crime Courts, Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant statutory regulations, adjudicates This case decided to sentence the defendant to a prison sentence of 7 (seven) years and 6 (six) months minus the time the defendant was in custody, with an order that the defendant remain in detention.

When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation?

The uncertainty of the criminal procedure legislation regarding the recognition of the right to compensation for harm for a certain category of persons gives rise to the relevance of the study of this issue. Based on the provisions of part 3 of Article 133, Article 139 of the Criminal Procedure Code of the Russian Federation, an analysis of the normative complex has been carried out with the help of which, in judicial practice, compensation for harm to persons caused by the unlawful application of procedural coercion measures to them should be ensured. Special attention is paid to court cases, the content of which reveals the problems of establishing the grounds for compensation for damage caused by the illegal use of procedural coercion measures. It is concluded that only participants in criminal proceedings, criminal prosecution against whom has been terminated on rehabilitative grounds, or illegally subjected to compulsory medical measures, as well as other persons illegally subjected to procedural coercion measures, have the right to compensation for harm in rehabilitation. Thus, the list of persons eligible for rehabilitation is definite and not subject to broad interpretation.

Os Procuradores-Gerais do Ministério Público

Based on the historical look and the political sociology analytic tools, this text aims to discuss the establishment of rules for occupying the highest position in the hierarchy of the state Public Prosecutor’s Office: the position of Attorney General. By analyzing the trajectory of those who held this position from 1891 to after 1988, it was possible to understand the changes in the official and non-official rules regarding the morphological transformation of nominees. The study of 33 cases reveals the political and social tensions surrounding the Public Prosecutor’s Office’s high hierarchy until the 21st century