TINJAUAN YURIDIS TERHADAP SURAT EDARAN JAKSA AGUNG TENTANG PEDOMAN TUNTUTAN DIKAITKAN DENGAN ASAS LEGALITAS DAN ASAS PERADILAN CEPAT, SEDERHANA DAN BIAYA RINGAN DALAM SISTEM PERADILAN PIDANA INDONESIA

Abstract

One of the important tasks of the public prosecutor is to carry out a
prosecution, but before carrying out a prosecution the public prosecutor must first
make a letter of demand because the letter of charge is an important thing in the
criminal justice process, meaning that the letter of charge is fully controlled by
the public prosecutor which is made in writing and read in court.
This type of research can be classified in the type of normative legal
research, which discloses laws and regulations relating to legal theories that are
the object of research. The approach taken is using a qualitative analysis
approach by searching for data in books, journals and other scientific works
related to this research. The data sources used are primary and secondary legal
materials.
The conclusions that can be drawn from the results of the research are:
First, the regulation regarding the guidelines for prosecution is contrary to the
principles in criminal justice, namely the principle of fast, simple and low cost,
because the general policy is considered to slow down the judicial process itself.
This principle also requires that the implementation of law enforcement is not
long-winded and complicated. In addition to violating the principles of fast,
simple and low-cost justice, the policy for the plan of prosecution is also contrary
to the principles of the Criminal Procedure Code (KUHAP), namely the legality
principle (Lex Stricta), because it should The Attorney General in issuing the
Circular still refers to the article regarding prosecution. Second, the ideal
concept regarding the guidelines for prosecution in the Indonesian criminal
justice system is by eliminating or eliminating the sequence, but it must be done
gradually. By eliminating the mechanism that requires the Public Prosecutor to
wait for a report from the leadership of the Prosecutor's Office before drafting a
letter of demand, the process for making claims can be shortened and save more
time.
Keywords: Public Prosecutor, Prosecution Plan, Legality Principle,
Prosecution, Criminal Justice