TINJAUAN YURIDIS TERHADAP KEWAJIBAN PENYIDIK DALAM MENGIRIMKAN SURAT PEMBERITAHUAN DIMULAINYA PENYIDIKAN KE KEJAKSAAN NEGERI PEKANBARU

Abstract

The National Police occupies a position as law enforcer in accordance with the principles of
functional differentiation outlined in the Criminal Procedure Code. Polri as a general criminal investigator
that has a connection with the criminal justice system, namely in the case of a Notice of Commencement of
Investigation, hereinafter abbreviated as SPDP. The reality that often occurs in the investigation of criminal
offenses is the delay in sending SPDP to the public prosecutor. Through the ruling of the Constitutional
Court Number 130 / PUU-XIII / 2015 there is an obligation for investigators to submit SPDP not only to the
public prosecutor but also to the reported party and the victim a maximum of 7 (seven) days after the
issuance of the investigation warrant. The problem in this study is how the mechanism and implementation
of the obligation of investigators to submit a notification letter on the commencement of investigation into
the public prosecutor and what are the legal consequences and efforts made by the Pekanbaru state
prosecutor on the violation of sending notification letters to the start of the investigation
This study uses a normative juridical approach and empirical jurisdiction. Data is obtained
through library studies and through interviews using written guidelines for specified sources. This research
was conducted at the Pekanbaru state prosecutor's office and the pekanbaru police station in 2018-1019,
with resource persons consisting of investigators at the Pekanbaru police station and prosecutors at the
Pekanbaru state prosecutor's office.
The results of the research and discussion can be concluded that the mechanism and obligation of
investigators in sending SPDP are contained in Article 109 paragraph (1) of the Criminal Procedure Code
and the Constitutional Court decision No. 130 / PUU-XIII / 2015 and the legal consequences and efforts of
the Pekanbaru state prosecutor on violations of SPDP deliveries where the public prosecutor can reject the
SPDP whose notification has passed the 7 (seven) day deadline since the investigation began. Further legal
consequences of law enforcement cannot be realized, because the public prosecutor has not yet known that
the investigator has begun investigating a case so that the party who feels disadvantaged can submit a pretrial
as a further legal remedy.
Keywords: Obligations of Investigators to Send SPDP-Prosecutors-Legal Effects.