PROBLEMATIKA KEWENANGAN PENUNTUTAN ANTARA KEJAKSAAN DAN KOMISI PEMBERANTASAN KORUPSI DIKAITKAN DENGAN SISTEM PERADILAN PIDANA

Abstract

Corruption is one of the most fundamental constraints experienced by the
Indonesian state. Prosecution of corruption committed by these two institutions
often make it difficult for law enforcement efforts against corruption. Because it is
not clearly regulated the authority limits both institutions. As well as the unclear
position of the Commission in the Criminal Justice System Indonesia,. The
purpose of this thesis, namely: First, to know the problems of prosecutorial
powers between the Prosecutor and the Corruption Eradication Commission
associated with the criminal justice system. Secondly, To know the authority of the
Corruption Eradication Commission in the prosecution of corruption associated
with the criminal justice system. Third, to determine the position Prosecutor and
Corruption Eradication Commission in corruption associated with the criminal
justice system.
This type of research can be classified into types of normative juridical
research, because in this study the authors conducted a study of the legislation on
the subject under study. In this study the source of the data used primary data,
secondary data, and the data tertiary data collection techniques in this research is
the study of literature.
From this research, there are three main conclusions. First, there
overlapping authority and conflicts of interest between the Prosecutor and the
Corruption Eradication Commission. Secondly, the Corruption Eradication
Commission is authorized to prosecute corruption cases. Third, that the
Prosecutor and the Corruption Eradication Commission has not been clearly
regulated and the position in the Indonesian criminal justice system,
Suggestions writer, first, that need to be regulated in the Act regarding
limitation prosecutorial powers between the Prosecutor and the Corruption
Eradication Commission. Second, that the eradication of corruption, especially in
the field of prosecution Anticorruption Commission is authorized to conduct the
prosecution as stipulated in Law Number 30 of 2002, Three, that needs to be
clearly on the positions of the Prosecutor and the Anticorruption commission in
the criminal justice system of Indonesia, so as not to cause a variety of problems
and in the prosecution of corruption.
Keywords: Prosecution, Corruption, Prosecutor, Corruption Eradication
Commission