Pre-Prosecution Stage in Criminal Procedure Law: Coordinating Roles between Investigators and Public Prosecutors

Dini Wininta Sari, S.H.

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28 Mar 2023 · 12:01 28 March 2023 12:01 WIB 6 minutes reading time: 6 minutes 25 read

Legal Literacy - Pre-prosecution is the authority of the Public Prosecutor to supervise the progress of the investigation, study the completeness of the case files resulting from the investigation, and provide instructions to the...

Pre-Prosecution Stage in Criminal Procedure Law: Coordinating Roles between Investigators and Public Prosecutors

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Table of Contents

Understanding Pre-Prosecution
Pre-Prosecution Mechanism
Examination of Case File Completeness by the Public Prosecutor
References

Legal Literacy - Pre-prosecution is the authority of the Public Prosecutor to supervise the progress of the investigation, study the completeness of the case files of the investigation results, and provide instructions to investigators in order to improve the case files.

This article explains the definition and mechanism of pre-prosecution, including coordination between Investigators and Public Prosecutors, examination of formal and material completeness by the Public Prosecutor, and the obligation of investigators to complete case files after receiving instructions from the Public Prosecutor.

Understanding Pre-Prosecution

In the general provisions of the Criminal Procedure Code (KUHAP) Article 14 letter b, there is a term pre-prosecution which states: The public prosecutor has the authority to conduct pre-prosecution if there are deficiencies in the investigation by paying attention to Article 110 paragraphs (3) and (4) by giving instructions in order to improve the investigation from the investigator.

In addition, in the explanation of Article 30 paragraph (1) letter a of Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, there is also a definition of pre-prosecution: “pre-prosecution is the prosecutor's action to monitor the progress of the investigation after receiving notification of the commencement of the investigation from the investigator, studying or examining the completeness of the case files of the investigation results received from the investigator and providing instructions to be completed by the investigator in order to determine whether the case files can be transferred or not to the prosecution stage".

Another definition is given by Andi Hamzah states that pre-prosecution is the act of the public prosecutor to provide instructions in order to improve the investigation by the investigator.

Thus, it can be concluded that the definition of pre-prosecution is the authority of the Public Prosecutor to follow the progress of the investigation after receiving notification of the commencement of the investigation from the investigator, study or examine the completeness of the case files of the investigation results received from the investigator and provide instructions to the investigator in order to improve the case files.