Legal Literacy - Learn the intricacies of prosecution in Indonesian criminal law. Discover the complete definition, scope, and differences between the principles of legality and expediency that underlie prosecution. Understand how prosecution contributes to the criminal justice system.

Definition of Prosecution

According to Article 1 point 7 of the Criminal Procedure Code (KUHAP), prosecution is the act of a public prosecutor delegating a criminal case to the authorized district court in the manner regulated by this law with a request that it be examined and decided by a judge in court. The definition of prosecution in the article is very general and requires other supporting regulations.

Based on the above definition, several keywords can be obtained. First, that prosecution is an act of the public prosecutor, which means that the party authorized to prosecute is only the public prosecutor, just like investigation which is only the authority of POLRI officials.

Second, the transfer of the case to the district court according to the method regulated in the case contains things that must be fulfilled and regulated in the Criminal Procedure Code (KUHAP), meaning that in the context of the transfer of the case there are things that must be fulfilled and regulated in KUHAP.

Third, a request or application to be examined and decided by a judge in court. That the transfer of the case is aimed so that the case does not just stop, but requires examination to obtain a decision in court.