Legal Certainty of Functional Coordination between Police Investigator and Public Prosecutor in Pre-Prosecution

Abstract

Functional coordination is close to Article 138 Sub-section (2) of the Law of the Republic of Indonesia Number 8 of 1981 regarding Code of Criminal Procedure (KUHAP), then this lack must be delivered in the form of case files to the Public Prosecutor no later than 14 (fourteen) days from the receipt by the Investigator. The problem discussed is how the regulation and the form of functional coordination between the Police Investigator and the Public Prosecutor in the Pre-Prosecution and how the legal certainty of the functional coordination is reviewed from Article 138 Sub-section (2) of the Code of Criminal Procedure. This study uses a normative juridical method by examining the legal materials, legislation and relevant theories. Functional coordination arrangement at the Attorney General's Office based on the Attorney General's Regulation of the Republic of Indonesia Number: PER-036/A /JA/09/2011 regarding Standard Operational Procedure for Handling General Crime in the form of coordination in the form of consultation as stipulated in the Minutes according to the letter format which has been regulated in a Circular Attorney General of the Republic of Indonesia Number: SE-004/A/JA/02/2009. It is in contrary to the Police which does not regulate more detail the internal regulation. 2) Article 138 Subsection (2) of the Code of Criminal Procedure explains that there is a legal vacuum that leads to the legal certainty which is not achieved because the time limit for additional investigations in this Article does not have legal force if it is violated by the Investigator; thus,  legal certainty is not achieved for the victim or the suspect.