TINJAUAN YURIDIS SOSIOLOGIS PELAKSANAAN PRA PENUNTUTAN DALAM KASUS TINDAK PIDANA UMUM (Studi Di Kejaksaan Negeri Banjarmasin)

ROZADI, RIZAL (2009) TINJAUAN YURIDIS SOSIOLOGIS PELAKSANAAN PRA PENUNTUTAN DALAM KASUS TINDAK PIDANA UMUM (Studi Di Kejaksaan Negeri Banjarmasin). Other thesis, University of Muhammadiyah Malang.

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Abstract

investigation, if it is not complete then it would be returned and giving cues in order to complete the investigation done by investigator. However, this pre-indictment is not entirely effective, there are still a lot of papers back and forth from investigator – prosecutor, prosecutor toward investigator and so on. This experiment is taking problem formulation such as what are causal factors of returned investigation papers toward investigator by the prosecutor and how is pre-indictment implementation in state attorney office Banjarmasin. Objective of this experiment is to found out the causal factors of returned investigation papers from prosecutor toward the investigator and to examine pre-indictment implementation in state attorney office Banjarmasin. This experiment used sociology juridical approach that is an experiment methodology by viewing causal factors of returned investigation papers by the prosecutor toward the investigator and to examining pre-indictment implementation in state attorney office Banjarmasin. It used interviews with Head of Sub Section of Lawsuit in State Attorney Office Banjarmasin as data collection technique. Data from those interviews analyzed descriptively using secondary data such as in literature overview and documentation. This experiment has resulting causal factors for returned investigation papers from prosecutor toward investigator is formal incompletion, such as papers cover, papers content, resume, letter of accusation, police report, search warrant, official report, cover letter which indicates the start of an investigation, warrant of arrest, and summoning letter. There are also incompletion of material aspect, such as error made by investigator in implementing article toward a criminal act. While pre-indictment process is initiated with transferring investigation papers from investigator toward the prosecutor. Subsequently, the prosecutor would decide whether those papers has complete or not. If it is already complete, prosecutor would continue by making pre-judgment letter, followed by transferring investigation papers toward the court for indictment. But, in a matter of incomplete papers, prosecutor would return it to investigator so that they could complete it. Conclusion taken is causal factor for returned investigation paper toward investigator by prosecutor in state attorney office Banjarmasin consist of incompletion of formal and material matter. While the pre-indictment process has been implement accorded to regulation in KUHAP. Suggestion, for pre-indictment implementation in state attorney office Banjarmasin, stakeholders should be more careful and learn from their prior mistake to minimize incompletion of investigation papers whether from formal or material aspect. Therefore, could maximize the creation of fast and cheap justice.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 28 Jun 2012 03:59
Last Modified: 28 Jun 2012 03:59
URI: http://eprints.umm.ac.id/id/eprint/10026

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