THE ADOPTION OF INDONESIA PRE-PROSECUTION INSTITUTION A LEGAL FRAMEWORK TO FULFILL THE HUMAN RIGHTS OBLIGATION IN INDONESIA

Abstract

This research aims to provide a framework law for Indonesia’s Justice Institution. Furthermore, the research herein also seeks to understand how the pre-prosecution institution as an aspired institution may enhance Indonesia’s obligation to fulfill its citizens’ human rights. The research herein applies the normative juridical method through the gathering and application of secondary data consisting of regulations and legal doctrines. Furthermore, the author also applied a doctrinal approach by gathering regulations related to the issues, and a conceptual approach in gathering literature consisting of legal theories, principles, and doctrines. In analyzing the legal issues, the author may express that investigation as a due process is indeed qualified as an integral part of due process in a form of prosection. Nevertheless, existing Indonesia’s Procedural Criminal Law, in concreto Law Number 8 the Year 1981 does not provide how Indonesia’s police as an investigator shall coordinate with Indonesia’s attorney general as the prosecutor. This issue leads the author to apply Schutter’s opinion regarding how framework law shall be adopted to ensure a state party to a human rights treaty shall fulfill its obligation. By stating that Indonesia shall provide a legal framework in a form of regulation regarding the pre-prosecution, Indonesia may fulfill its citizens’ human rights and conduct its criminal due process at the same time.