Embodiment of The Principle of Opportunity Through The Authority of Deponering by The Attorney General in Criminal Justice in Indonesia
DOI:
https://doi.org/10.22225/scj.8.1.2025.30-35Keywords:
Attorney General, deponeering, opportunityAbstract
This study aims to provide an explanation regarding the authority of the Attorney General in deponeering a case, which is an important aspect of the Indonesian criminal justice system. It relates to prosecutorial policies that can influence the course of legal proceedings and the legal consequences arising from the deponering provisions outlined in the Prosecutor's Office Law. Deponering, in simple terms, refers to the cessation of prosecution of an ongoing case, granted to the Attorney General with the aim of considering the broader public interest and the utility of the ewalaw. However, the existing regulations still provide ambiguous provisions regarding the authority of deponering. For example, Law Number 11 of 2021 does not clearly outline the criteria for cases that can be classified as involving "public interest," leading to multiple interpretations and norm confusion, which causes legal uncertainty. Therefore, it is necessary to establish clear and comprehensive regulations regarding this issue. The research method used in this paper is a normative legal research method, with an approach focused on the analysis of legal regulations, examining the substance of the existing laws as the main object of the study.
References
Ali, M. M. (2015). Constitutionality and legality of norms in testing laws against the 1945 Constitution. Constitution Journal, 12(1).
Andi, H. (2001). Indonesian criminal procedure law. Jakarta: Sinaf Grafika.
Chalil, S. M. (2016). Dismissal of cases (deponering) by the Attorney General. Paramarta Discourse: Journal of Law, 15(1).
Diantha, I. M. P. (2017). Normative legal research methodology in legal theory justification. Jakarta: Kencana.
Fuady, M. (2015). Human rights of criminal suspects. Jakarta: Prenada Media Group.
Husein, H. M. (2005). Indictment of drafting techniques, functions, and problems. Jakarta: Rineka Cipta.
Latfhan, L. L. (2020). Legal implications of public interest regulation as a condition for the use of deponering by the Attorney General according to Indonesia’s positive law. Dynamics, 26(14).
Law Number 11 of 2021 Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia.
Santoso, A. (2012). Moral law and justice: A study of legal philosophy. Jakarta: Kencana.
The Constitution of the Republic of Indonesia. (1945).
Wibowo, A. H. (2012). A study on the position of the prosecutor as a state attorney in a class action case in the city of Surakarta (Case Study Number: 59/Pdt.G/2009/Pn. Ska). Journal of the Faculty of Law, University of Sebelas Maret.
Widiana, I. G. A. N. S., Dewi, A. A. S. L., & Widyantara, I. M. M. (2022). Authority of the Attorney General in case assistance (deponering) in the criminal justice process. Journal of Legal Analogy.
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