Attorney General's Office Research Articles

Problematika Penegakan Qanun Jinayat di Aceh

After the enactment of Qanun No. 6 Year 2014 on (Qanun Jinayat), several problems arose, both internal and external. After the enactment of Qanun No. 6 of 2014 on (Qanun Jinayat), several problems arose, both internal and external problems. Internal problems arise with a variety of problems, facilities and infrastructure are not yet complete, the emergence of polemics about the place of execution of flogging, socialization is still considered insufficient, uneven resolution of Qanun Jinayah enforcement problems in each district / city, the emergence of differences in interpretation in Jinayat cases resolved by Jinayat law and Qanun fostering customary law, between one gampong and another gampong differ in the type of customary sanctions on khalwat, varied in the type of sanctions and law enforcement. More specifically, the internal problems faced in the implementation of Qanun Jinayat in Aceh are from the law enforcement apparatus itself (Wilayatul Hisbah, Police, Attorney General's Office, and Syar`iyah Court) and traditional leaders who have different perceptions of Qanun Jinayat. This not only leads to variations in application, but also often obscures the legal certainty desired by a regulation. The author conducts this research using empirical juridical research method which is a legal research method that uses empirical facts taken directly from the object of research in this case including the Community, University, and Islamic Shari'at Office of Aceh Province either by conducting interviews or direct observation. and with conceptual and statutory approaches using normative juridical methods. The data source used is data obtained indirectly through literature study. The legal materials obtained are then analyzed using descriptive-qualitative analysis to obtain conclusions that can be scientifically accounted for. Keywords: Law, Enforcement, Aceh.

Kepentingan Umum Dalam Asas Oportunitas Pada Sistem Peradilan Pidana

This study aims to examine and analyze the criteria of public interest in the opportunity principle in the criminal justice system. This study uses a normative legal method approach by applying a statutory perspective, especially referring to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, the Criminal Procedure Code (KUHAP), and involving legal theory and the views of legal experts as sources of supporting material, both in the form of secondary, primary, and tertiary law. Through this research, the authors succeeded in obtaining solutions to the challenges that arose in line with the development of the opportunity principle which has undergone many changes. This change is clearly reflected in the context of the Law on the Attorney General's Office which rules out cases based on considerations of the public interest within the framework of the opportunity principle in the criminal justice system. This change can be seen from the beginning of Article 8 of Law Number 15 of 1961 up to Article 35 letter c of Law Number 16 of 2004 which relates to the Attorney General of the Republic of Indonesia. The criteria for the public interest in the opportunity principle include the interests of the state, the interests of society and personal interests. However, the interpretation of these criteria still does not provide concrete explanations and measurements, so as to produce different understandings among different groups. The ambiguity in these regulations indicates the need for regulations contained in a law to be formed by involving relevant parties who have a deep understanding of the opportunity principle. In this way, it is hoped that the process of forming regulations will include collaboration with experts and legal practitioners who have in-depth knowledge of the opportunity principle. This will help ensure that the resulting regulations are more concrete, clear, and can be interpreted consistently by various parties involved in the criminal justice system.

Analysis of female strangulation homicides in King County, Washington, from 1978 to 2022.

Asphyxia due to strangulation is an uncommon but important modality of homicide that tends to disproportionately involve female victims. The present study was designed to investigate the circumstances, motivations, and injuries associated with strangulation homicides of females and to measure trends in incidence over time. Electronic records of the King County Medical Examiner's Office in Seattle, Washington, were used to compile a data set of all homicides in King County from 1995 through 2022. A second data set of female homicides due to strangulation was constructed with additional records prior to 1995, supplemented with data abstracted from autopsy reports, and linked to the Washington Attorney General's Office Homicide Investigation Tracking System database. This comprehensive data set was used to analyze demographics, circumstances, motives, and injuries of female strangulation homicides from 1978 through 2016. The results found that, from 1995 through 2022, females accounted for 22.8% of 2394 homicides but 80.3% of strangulation homicides. The average annual rate of all strangulation homicides decreased until 2020. Mean ages of female decedents were 27.7 years in homicides associated with sexual assault, 36.8 years with domestic violence, and 63.9 years with robbery. Lethal assaults most often occurred in private homes, and perpetrators were usually well known to the victim. Injuries included petechiae in 83%; ligature marks in 20%; fingernail marks in 1.4%; hyoid fractures in 23%; and thyroid cartilage fractures in 31%. Fractures were more common in manual strangulation and in decedents of ages over 40 years.

Legal Studies Concerning the Implementation of Destruction of Confiscated Goods Proceeds of Narcotics Crime

The destruction of evidence in the form of narcotics is one of the efforts to prevent the eradication of narcotics abuse in Indonesia, including preventing the abuse of authority by officials who handle criminal cases and so on. One of the law enforcers who carry out efforts to combat narcotics crime is the Attorney General's Office. In carrying out the destruction of evidence obtained from narcotics crimes by the Prosecutor, the Prosecutor must comply with the procedures regulated by the laws and regulations in force in Indonesia as a legal basis for carrying out his roles and functions in order to achieve the goals and aspirations of eradicating narcotics and other addictive substances. The results of the study show that the prosecutor's authority as the executor in carrying out the destruction of confiscated goods resulting from narcotics crime is that the prosecutor has state power that is independent from the influence of government power and other powers. The destruction of confiscated goods to prevent the re-circulation of narcotics crimes in the community is to destroy the confiscated goods in the form of narcotics. Obstacles in the implementation of the destruction of confiscated narcotics crimes so as to provide the possibility of misappropriation of narcotic evidence are seen in aspects of law enforcement, if fulfilled then the law regarding narcotics crimes in the scope of implementing the destruction of narcotics confiscated goods will be considered to have been effective.

The Role of the Prosecutor at the Aceh Tamiang District Prosecutor's Office in Prosecuting Cases of Theft Crimes (Decision Study No. 44/Pid.B/2020/Pn. Ksp)

The purpose of this study was to analyze the roles and prosecution procedures carried out by the Aceh Tamiang District Attorney in prosecuting cases of theft (Decision Study No. 44/Pid-B/2020/PN.Ksp). The research method used is normative juridical research. The results of the study show that the role played by the Aceh Tamiang District Prosecutor's Office in prosecuting the crime of theft (Decision Study No. 44/Pid.B/2022/PN. Ksp) is as follows: The Attorney General's Office acts as a prosecutor in cases of theft crime; The Attorney General's Office has a role in carrying out the investigative process related to the crime of theft based on Indonesian law; The Attorney General's Office of Aceh Tamiang has the role of transferring cases to court and carrying out prosecutions at trial; The Aceh Tamiang District Prosecutor's Office plays a role in assisting judges in giving criminal decisions decided by judges handling cases of theft. The prosecution procedure carried out by the Prosecutor is to make legal efforts in accordance with the criminal procedure law. This writing concludes that the Aceh Tamiang District Prosecutor's Office should provide legal counseling or socialization to the community in order to minimize the number of criminal acts of theft in the province of Aceh.

KEWENANGAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) DAN KEJAKSAAN AGUNG DALAM EKSEKUSI SANKSI DENDA PADA KASUS PERSAINGAN USAHA DI INDONESIA

This study examines two formulations of the problem, namely what is the authority of the Business Competition Supervisory Commission (KPPU) in executing fines in business competition cases in Indonesia and what is the authority of the Attorney General's Office in executing fines in business competition cases in Indonesia. The research methodology used by the author is a normative research method with a statutory review approach. The conclusion obtained is that KPPU does not have the authority to execute fines on KPPU decisions but must go through the District Court. However, after the Job Creation Law, the authority regarding objections to the KPPU's decision was submitted to the Commercial Court. Then related to the authority of the Prosecutor's Office in executing fines in KPPU's decisions is based on a Memorandum of Understanding between KPPU and the Attorney General's Office and followed up with a Special Power of Attorney from KPPU to the Deputy Attorney General for Civil and State Administration regarding the settlement of fines in KPPU decisions.

ANALYSIS OF E-TILANG WEBSITE AT STATE ATTORNEY AT BATU CITY

The E-ticket website is an E-government innovation by the Indonesian government that aims to help people pay ticket fines, avoid extortion, and increase accountability, transparency and fairness. The Attorney General's Office for Batu, East Java Province, has implemented this innovation, but the results have not been optimal. This is due to a lack of Human Resources from the community as users and the lack of socialization about the importance of implementing E-tickets. This study aims to find out how E-government can be implemented at the Batu State Prosecutor's Office in East Java Province through the E-tilang website. In addition, it will also identify factors that support and hinder the implementation of E-government. This analysis uses the successful elements of e-government development according to the Harvard JFK School of Government, namely Support, Capacity, and Value. The research method used is descriptive qualitative, with data collection techniques through observation, interviews and documentation. Based on the results of the study, the Support variable is good, because support, allocation of human resources, and outreach have been carried out by the Batu State Prosecutor's Office. Variable Capacity is also sufficient, with available financial resources and technological infrastructure. However, the Value variable is not yet optimal, due to the low level of public participation as well as technical problems and features for refunding overpaid fines on the E-ticket website which are not yet available. This has become an obstacle in the implementation of E-government through E-tickets at the Batu State Prosecutor's Office, East Java Province.

UPAYA DAN STRATEGI KEJAKSAAN NEGERI KEPULAUAN MENTAWAI UNTUK MEWUJUDKAN PROGRAM PEMULIHAN EKONOMI MELALUI PENGAWASAN APBDESA DI KABUPATEN KEPULAUAN MENTAWAI

Villages are the spearhead of the State of Indonesia in dealing with economic problems during this Pandemic, especially in terms of the Implementation of APBDesa. The implementation of the APBDesa requires supervision, debriefing and cooperation from law enforcement agencies such as the Attorney General's Office of the Republic of Indonesia. The Attorney General through his Instructions ordered all Heads of High Prosecutors' Offices, Heads of District Attorneys, Branch Heads of District Attorneys, Prosecutors and all Adhyaksa Personnel to supervise, assist and provide provision for the use of the Village Budget. To carry out this Attorney General's order, the Mentawai Islands District Attorney has efforts and strategies in carrying it out. The efforts and strategies in question are Preventive Efforts (Prevention, Assistance) and repressive efforts (Enforcement). The aim is that the implementation of the APBDesa is in accordance with its objectives and supports the Economic Recovery Program, especially in the Mentawai Islands Regency.

Hyper Automation in Government Digital Transformation

This article presents the process of implementing Hyperautomation in the Brazilian public sector, especially within the scope of the Attorney General's Office of the State of Pernambuco. Due to the current competitive economy, the demand for intelligent and reliable solutions is increasing. To meet this need, innovative technologies that address the inherent complexity of digital transformation are desirable. Thus, public organizations have sought to apply process automation to meet the needs of citizens for a more efficient and effective service. However, we can observe that pure and direct automation is only part of the transformation process. Some of the reasons that explain the need to go beyond process automation and reach Hyper-automation is the abundance of data from various sources and types. Everything must be within legal standards, emphasizing that all technology must be aligned with transparency and auditability to be safely incorporated. For the experimentation, the action research method was used with the application of Hyperautomation, aiming to increase the state's collection and economy in the Attorney General's Office of the State of Pernambuco.

REFORMULATION OF THE INSTITUTIONAL FUNCTIONS AND AUTHORITIES OF THE NATIONAL COMMISSION ON HUMAN RIGHTS

<p><em>The handling of serious human rights violations has become a strategic and prioritized issue for the National Commission on Human Rights (Komnas HAM). This conceptual article aims to evaluate law enforcement efforts regarding cases of serious human rights violations handled by Komnas HAM and identify the obstacles and challenges faced in the process of resolving these cases. The research findings indicate that Komnas HAM has completed investigations into 12 cases of serious human rights violations and forwarded them to the Attorney General's Office as the investigator and public prosecutor. However, the legal process for these cases has stagnated, especially those already decided by the Ad Hoc Human Rights Court, such as the cases of Timor Timur, Tanjung Priok, and Abepura, where the defendants were eventually acquitted. The main challenges faced are the limited willingness and capacity of the Indonesian State to resolve cases of serious human rights violations. Additionally, weaknesses in legal aspects and the political will of the Government and Law Enforcement Agencies also influence the law enforcement process concerning serious human rights violations. Therefore, the novelty offered lies in the importance of a comprehensive evaluation of respect, protection, and fulfillment of human rights as a critical step to enhance the effectiveness of law enforcement regarding serious human rights violations. A reassessment of strengthening Komnas HAM's authority is required to ensure legally binding measures and clear consequences for those who do not comply with Komnas HAM's recommendations.</em></p>

Law Enforcement by Kualanamu Customs and Excise For The Crime of Smuggling Lobster Seeds (Study Of Decision Number 1758/PID.B/2020/PN. LBP)

The formulation of the problem is (1) What is the legal regulation regarding customs for baby lobster smuggling according to provisions of regulations – invitations in Indonesia? (2) How is law enforcement carried out by Kualanamu Customs and Excise regarding the crime of smuggling lobster seeds? (3) What are the obstacles Kualanamu Customs and Excise officers face in carrying out law enforcement for the crime of baby lobster smuggling? The research method used is normative juridical. The results of the study show that customs law arrangements for baby lobster smuggling are regulated in Law no. 17 of 2006 concerning customs. Law enforcement is carried out by Customs and Excise officers, namely arresting the perpetrators and transferring them to the Attorney General's Office for further legal proceedings. The obstacle faced by Customs and Excise officials is that very often unscrupulous law enforcement officials and unscrupulous airline officers who work at airports are involved in criminal cases of smuggling and assist perpetrators who will try to bring prohibited items to pass from the customs area. This has further reduced public trust in law enforcers and this is an obstacle for law enforcers in general. The conclusion of this study is that Kualanamu Customs and Excise officers as customs law enforcers work together with other law enforcement officers in accordance with statutory regulations. The suggestion from this thesis is for Kualanamu Customs and Excise officers to become officers who really carry out law enforcement in the field of customs, so that in the future there will be no more smuggling cases that occur within the scope of Kualanamu airport carried out by the public or unscrupulous officers working at Kualanamu Airport

PROOF OF THE CRIME OF SEXUAL VIOLENCE AFTER THE PASSAGE OF THE SEXUAL VIOLENCE LAW

This study aims to analyze the proof of the crime of sexual violence after the legalization of the criminal act of sexual violence and what are the inhibiting factors in proving the crime of sexual violence after the legalization of the criminal act of sexual violence. The type of research that researchers use is normative-empirical legal research. This research was conducted in Makassar City, namely at the Makassar Polrestabes, Makassar District Court, LBH APIK Sulsel, UPTD PPA Makassar, and the Makassar University Sexual Violence Task Force. The results obtained through library research and interviews were then analyzed using qualitative analysis methods with a normative-empirical approach. The results of the study show that: 1) Law enforcers, both at the Police and the Attorney General's Office, do not fully understand the substance of the law on the crime of sexual violence, especially with regard to evidence, especially regarding the witness statement which does not absolutely have to be two, but only one witness statement plus other evidence is sufficient. as well as the judge's belief that sexual violence has occurred, so that law enforcers have not fully implemented the law on the crime of sexual violence.

Efektifitas Pembentukan Kampung Restorative Justice dalam Penanganan Kasus Pidana di Kejaksaan Negeri Tabanan

The State of Indonesia is a legal state (rechtsstaat), this has received legitimacy through the provisions of Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution). The Attorney General's Office has issued several policies, including the First, the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. It is hoped that this provision as a form of prosecution discretion can be used by the Prosecutor to view and balance between the applicable rules and the principle of benefit to be achieved. Diversion and Restorative Justice are the basis for reforming the criminal justice system in the implementation of the juvenile justice system, which can be seen in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which aims to prevent child offenders from being subjected to punishment or punishment. Both concepts are new things for Indonesian people. Law Number 3 of 1997 does not contain restorative juctice principles, and there are no strict provisions regarding diversion (settlement outside the process). Termination of Prosecution Based on Restorative Justice stipulated in the Attorney General Regulation Number 15 of 2020 guidelines for Public Prosecutors to stop prosecutions with due observance of fairness, public interest, proportionality, punishment as a last resort, and fast, simple and low cost. Socialization Perja 15 of 2020 and updating the role of the prosecutor's office in tackling crime in realizing restorative justice by means of, among other things, making peace efforts and having a peace process where the prosecutor plays an active role in handling cases so that cases can be resolved without having to go to court.

Prosecutor's Intelligence Functions in Preventing Corruption: Strategic Development Security Technical Guideline Perspective

Corruption crimes are cracked down not only by repressive efforts but also by preventive efforts. The Indonesian Public Prosecutor's Office has several stages of preventive efforts to carry out its intelligence functions. Indonesia's Attorney General's Office has introduced a new program called Security for Strategic Development - Regional Investment in implementing intelligence functions. The issue is what the legal status of the Technical Guidelines on Security for Strategic Development and Regional Investments of the Indonesian Public Prosecutor's Office in Anti-Corruption will be in terms of legal certainty. This study is a prescriptive legal study, descriptive analysis. A legal approach is used as the data is subject to various laws and regulations. Data collection through library and field research surveys accompanied by documentary study and interviews. Based on the qualitative analysis, the results show that the Strategic Development of the Indonesian Public Prosecutor's Office for Prevention of Corruption Crimes and Technical Guidelines for Security of Local Investments regulation was made by Law No.16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law No.17 of 2011 concerning State Intelligence, as well as the Regulation of the Attorney General No.PER-006/A/JA/07/2017 concerning the Organization and Work Procedure of the Indonesian Prosecutor's Office does not include the authority to prevent corruption based on the 2004 Attorney General's Law. B-484/D/Dpp/03/2020, dated March 12, 2020, by adapting it to Law No.11 of 2021 concerning the Indonesian Attorney General's Office, to provide legal certainty to prevent corruption.

The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes

The goal to be achieved in this paper is an analysis of efforts to prevent and eradicate criminal acts of corruption in the Attorney General's Office must have additional authority to carry out wiretapping because the Attorney's authority in wiretapping corruption in the Prosecutor's Law of the Republic of Indonesia has not yet been regulated. The problems that occur include the attorney's authority to tap acts of corruption regulated in another law, namely the Electronic Transaction Information Law. The method used is normative legal research. The result of the discussion is that the prosecutor's authority in wiretapping corruption in the future is to revise the Attorney General's Law of the Republic of Indonesia, which gives the prosecutor's authority in wiretapping corruption for the sake of the effectiveness and efficiency of the Attorney's performance, because the accuracy of wiretapping results can be accounted for, as well as optimizing the handling of corruption cases by the Attorney Great.How to cite item: Ali, Romli Said, Muhammad Sadi Is, and Belmento. “The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 54-62. DOI: 10.26905/idjch.v14i1.9079.

Law Enforcement of Corruption Crime Abuse of Hospital Medical Devices by State Civil Apparatus

This study aims to determine (1) the Corruption Criminal Law Policy on the Misuse of Hospital Medical Devices by State Civil Apparatuses. (2) The role of the government in the prosecution of corruption crimes involving the misuse of hospital medical devices carried out by state civil apparatus. The preparation of this thesis uses an empirical legal approach, in which the author looks at law in its real sense and examines how the law works in society.With this research, it is concluded that: The role of criminal law in dealing with criminal acts of corruption in the form of abuse of hospital medical devices committed by the state apparatus is contained in Articles 8, 9, 10, 11, 12, 12B, and Article 23 of the Corruption Law (which adopted Articles 421, 422, 429, and Article 430 of the Criminal Code). The criminal act of corruption for civil servants and/or state administrators is a criminal act of corruption that can only be committed by people who are qualified as civil servants or state administrators.The role of law enforcers in the enforcement of corruption crimes in the abuse of hospital medical devices begins with the submission of reports originating from individuals, community organizations and non-governmental organizations, state institutions and government institutions, and information reports from the internal police, which will then be carried out by an investigation process with the assistance of the police and the Attorney General's Office. If the case file submitted by the investigator is deemed complete and the case can be prosecuted by the public prosecutor, then the public prosecutor then makes an indictment.

Sentiment analysis of the attorney general's office performance in handling corruption cases on twitter using naïve bayes classification algorithm

Corruption is defined as illegal activities such as bribery, fraud and forgery carried out through the abuse of power by public or private officials for personal, financial or other merits. In Indonesia, the Attorney General's Office is one of the institutions that has the authority to handle corruption cases. As the result of the overall business process, public perception is very important. One method to assess public perception is using data collected from social media. Among the many social media, Twitter is known for its high public interaction which then can be used to describe direct people's perceptions. This research aims to create a machine learning model using the Naïve Bayes Classification Algorithm based on Twitter data to determine public sentiment on the Attorney General's Office performance in handling corruption cases. As for the results, we managed to create a model with accuracy, recall, precision, and f-measure values of 74.34%, 71.80%, 73.09%, and 72.44% respectively. From the sentiment analysis result, it can be concluded that the public gives more positive sentiment to the Attorney General's Office in handling corruption cases carried out in the period January 2022 to December 2022 with a percentage of positive sentiment is 61.32% and 38.68% for the negative sentiment.

Law Enforcement against Illegal Levies as a Form of Abuse of Authority through Saber Pungli

This study aims to analyze law enforcement against illegal levies as a form of abuse of authority through illegal levies. The research method used is normative and sociological legal research methods. The results showed that illegal fees are included in the category of occupational crimes. The government's efforts to optimize the eradication of extortion practices were later strengthened by the signing of the Presidential Decree No. 87 of 2016 concerning the Task Force to Clean Up Illegal Levies (Satgas Saber Pungli). The Saber Pungli Task Force consists of law enforcement officers, namely the Police, the Attorney General's Office, the Ministry of Home Affairs, the Ministry of Law and Human Rights, the Financial Transaction Reports and Analysis Center, ORI, State Intelligence Agency, and Indonesian National Army Military Police who have the authority to eradicate illegal extortion practices effective and efficient by optimizing the utilization of personnel, work units, and infrastructure, both at the ministerial/institutional and regional government levels.

Police and the prosecutor's effort on supervision social help during the covid-19 pandemic

The condition of the Covid-19 pandemic requires the country to focus more on the protection of citizens, especially regarding the use of social assistance. Meanwhile, supervision of the distribution of social assistance funds is very important to be improved in order to avoid various practices of irregularities that open loopholes for corruption. The research used in this research is juridical empirical. The results of research related to the supervision of social assistance carried out by the police and the prosecutor's office in this supervision continue to conduct monitoring/monitoring as a form of prevention. Legal counseling and information were carried out in terms of the use of Covid-19 funds as well as the right targeted social assistance distribution mechanism. The next step is to continuously coordinate between stakeholders. The next step is to continuously coordinate between stakeholders. The implication of this research is that cooperation, coordination and harmonization between the central government, regional governments and private institutions are needed to be right on target, effective and efficient and supported by a good, integrated, transparent and accountable system in the distribution of social assistance. There has not been an accurate record of recipients of social assistance, so the monitoring process by both the National Police and the Attorney General's Office is not running optimally. Furthermore, there is still a lack of local government transparency regarding social assistance.

THE ATTORNEY'S AUTHORITY IN DETERMINING STATE FINANCIAL LOSSES IN CORRUPTION CRIMES

The Attorney General's Office has the power to objectively assess state financial losses and make a Determination. In contrast, states have the power to assess and decide upon their own financial losses due to criminal acts to corruption, BPK and BPKP are responsible. The Office of the Prosecutor only relies on the attributive authority granted by the Prosecutor's Law which requires the Public Prosecutor to conduct investigations and finalize case files, including files for determining state financial losses. The Attorney General's Office losses in state finances need not be verified by the BPK and/or BPKP or any other auditing authorities and may be determined independently are transparent, real, and not complicated, and the proof will be easy to present before the court. If, on the contrary, namely complicated, not simple, and complex, then coordinate with the BPK and/or BPKP or other auditing institutions so that figuring out how much money the state lost are submitted to the authorized institution.