PENGHENTIAN PENYIDIKAN OLEH KEJAKSAAN BERDASARKAN SURAT EDARAN JAMPIDSUS NO. B-1113/F/Fd.1/05/2010 DALAM TINDAK PIDANA KORUPSI

TESIS

Abstract

By : I Made Pasek Budiawan

Email : mpb.isme@gmail.com

Faculties : Fakultas Hukum

Department : S2 Ilmu Hukum

This study discusses Termination of the investigation by the prosecutor based Jampidsus Circular Letter No. B-1113/F/Fd.1/02/2010 on Corruption. In fact corruption is considered very dangerous and detrimental to public finance. Corruption has occurred in a systematic and difficult to prove even threaten the statbility of the implementation of development. The problem presented in this study are : 1. How harmonization and synchronization of cirrulars Jampidsus No. B-1113/F/Fd.1/05/2010 for the termination of investigation of corruption by the prosecutor with legislation related criminal ? 2. Whetter the internal rles of the prosecutor in the form of cirulars Jampidsus No. B-1113/F/Fd.1/05/2010 can bind to the external and generally accepted in the termination of the investigation of corruption ? Discusson on the issue would be studied by the research findings with the content of normative legal norms that it appears the legal norms that conflict between SE Jampidsus the criminal code and the criminal procedure code. The solution it to go back to the principle that preference on the principle of lex superior de rogat legi interiori. Study of the problems using the theory of authority, criminal law policty theoriy, the therory of legal harmonization, utilitiarianisme theory, and theory integrasi mechanism. With conclusions obtained 1. Regulations on the termination of the investigation of corruption still refer to the rules of codes, 2. Jampidsus circular letter No. B-1113/F/Fd.1/05/2010, dated 8 may 2010 it is only binding internal prosecutor, can not bind out a instituion.

Keyword : Termination of the investigation of corruption, Prosecutor, Jampidsus Circular Letter

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