UMJ Criminal Law Expert: Students Must Pay Attention To Law Enforcement In Indonesia

JAKARTA - Criminal law expert at the Faculty of Law, University of Muhammadiyah Jakarta (FH UMJ) Dr. Chairul Huda, MH. explained the importance of students observing law enforcement in Indonesia. This was conveyed when he was a resource person for the National Seminar organized by the UMJ Student Executive Board, Friday, February 28.

At the seminar which took place at the UMJ Faculty of Public Health (FKM) Hall, Chairul Huda said law enforcement is regulated in the Criminal Procedure Code.

"The issue related to the Criminal Procedure Code is a very important issue for students because there is a political agenda and legislation. A political agenda determines the future of state law enforcement which is written in the Criminal Procedure Code," said Chairul Huda.

He explained that the future of the country is very dependent on politics, therefore politics needs to be accompanied by legislation. Meanwhile, the Criminal Procedure Code will cause political and legislative problems, therefore students must care about this problem.

In the criminal justice system in Indonesia, there is a gap in communication and coordination between the two parties and often results in differences in legal perceptions. This has an impact on overall law enforcement.

To discuss this, Chairul Huda based on four issues, namely the principles and principles of law enforcement, investigation and investigation, investigation and prosecution, and functional differentiation versus dominus litis.

Chairul explained that law enforcement must be based on 4 principles, namely the principle of specialization of function, the principle of proper fairness, the principle of protection of the protection or improvement.

Regarding investigations and investigations, Chairul Huda said that the difference between the two in handling general crimes has caused more infectivity. He sees that the law enforcement process is still focused on administration, not on action.

Meanwhile, investigations related to prosecution are in law enforcement which is interpreted into two things, namely the material criminal law in concrete cases, and the legal process through legal procedures.

"So, investigators and prosecutors should be in the same compartment. Criminal justice system designs don't place them separately. If they put them apart, that's a problem," he said.

According to him, the key word from law enforcement related to investigation and prosecution is coordination from the beginning of the case. Investigators' forced efforts to collect evidence are meaningless if there is no proper construction to be brought to justice.

Therefore, functional differentiation between investigators and public prosecutors is actually in the context of implementing law enforcement checks and balances. The dominance of one of the institutions, investigators or public prosecutors, will result in the protection of individual rights.

Chairul Huda explained that the dominus litis shows that the public prosecutor monopolizes prosecution and is carried out according to the authority principle. In addition, the public prosecutor has the authority to filter cases.

He emphasized that public prosecutors need to screen cases based on individual classification and the public interest.

The most important thing in demanding is whether there is a public interest in the matter that must be fought for. His name is also the public prosecutor, so look at his general interests," said Chairul Huda.

Palitis juga menunjukkan kewenangan menyelesaikan perkara di luar pengadilan. Artinya adalah tidak semua perkara dibawa ke pengadilan. Chairul menegaskan, perkara yang dibawa ke pengadilan seharusnya untuk dibawa ke pengadilan agar tidak terlalu banyak perkara di pengadilan.

The activity, which carries the theme "Looking for the Coordination Format of Investigators and Public Prosecutors in Handling Criminal Cases in Welcoming the Renewal of the Criminal Procedure Code", also presented Member of Kompolnas RI (2016-2020) Andrea H. Poeloengan SH., M. Hum., MTCP., and FSH UIN lecturer Syarif Hidayatullah Dr. Alfitra, SH., M. Hum.

The participants who are UMJ students listened carefully and enthusiastically to discuss with the speakers guided by Vice Chancellor IV who is also a lecturer at FH UMJ Dr. Septa Candra, MH.

This activity received appreciation and support from Deputy Chancellor II UMJ Prof. Dr. Ir. Mutmainah, MM. who also attended and officially opened activities.