DASAR TEORI KEWENANGAN PENYIDIK MAUPUN PENUNTUT UMUM DALAM MENGHENTIKAN PERKARA PIDANA
ABSTRACT: Based on literature
studies, theoretical based for discontinue prosecution in Indonesia is hard to
found. However, in develop countries such as US, England or Australia, theoretical
based for discontinue prosecution can be identified as first, “realistic
prospect of conviction” and second “prosecution on the public interest”
theories. These two theories actually can be found in reasoning for SP3, SKPP
and article 32 section c Prosecution Act. The primary difference is, in
Indonesia, the discontinuity of public prosecution (SP3 and SKPP) is not
discretional. In matters when the decision for discontinue the case appears, it
put the Public Prosecutor and the Police Officer on dilemmatic position, such
as in case No.04/Pi.Pralan/2008/PT.SBY and No. 01/Pdt.Praper/2005/PN.Sby.
Reasonable prospect of conviction” or “prosecution on the public interest”
should become guidance or theoretical based for discontinue prosecution in
Indonesia.
Penulis: Taufik Rachman
Kode Jurnal: jphukumdd100136
