Experts On Political Principles On The Revision Of The Criminal Procedure Code Create Excessive Authority

JAKARTA - Constitutional law expert, Margarito Thursday highlighted the application of dominus litis in the revision of the Criminal Procedure Code (RKUHAP). This principle has the potential to monopolize the authority of an institution, one example is that the Prosecutor's Office can dominate investigations and investigations.

"If that's what is done, the prosecutor will appear as an institution in the picking mark, dominating the access to the investigation. The prosecutor will get the function of investigating this case. That's where it is located," Margarito told reporters, Friday, February 14.

Margarito agrees that this principle is actually already running. However, the update in the revision can change the existing concept.

"If it is made to be reconceptualized as a prosecutor to determine the investigation, for me this is also not very appropriate. It is said that it is not very appropriate for the prosecutor to determine the investigation," he said.

The principle of dominus litis, continued Margarito, also has an impact on eliminating balance between institutions if it is contained in the revision of the Criminal Procedure Code. Thus, he hopes that the preparation of the revision of the Prosecutor's Law and the Criminal Procedure Code can consider many things.

Including the issue of balance of authority between institutions. "The effect dominates, like that. If it dominates, it's definitely not good," said Margarito.

"If this is returned to the prosecutor on duty, it becomes unhealthy. It becomes unhealthy. From a legal point of view, ideas, if there is an institution to monopolize authority, it is no longer healthy. Democracy wants balance," he concluded.