Crime as a social phenomenon causes various problems and become a threat to security and peace in society, and it can also be a disruption to the implementation of development. The development of society generates the increasing quantity and quality of the crime rate. This situation leads to the rising number of people who is afraid of the crime (fear of crime). Statistics data from the National Bureau of Statistics (BPS) indicates a growing of crime rates both nationally or locally, including in West Sumatra. To address these crime issues there needs to be an effective and efficient crime prevention policies and strategies and by the existing situation and conditions. One of the crime prevention policy is by involving the community at large. So, not only done by law enforcement officers especially the police but through the policy of Community Policing or called Polmas. This approach tries to exploit the potential of society for crime prevention. For West Sumatra with Minangkabau, Customary Law has the potential to overcome crime through living values, especially through Nagari with all its potential, either government or its citizens. Therefore there should be a study on how the synergy of law enforcement officers namely the police in tackling crime through the Nagari-based Polmas. The research will be conducted by the empirical juridical method by selecting three districts as research locations. In each district will be selected a Nagari as a sample by using the sampling method. The data were collected through in-depth interviews with respondents and resource persons, i.e. from ninik mamak (community leaders) in Nagari, Nagari governmental officers and related law enforcement officers. Data then processed and analyzed by the qualitative juridical method. The results of the research are (1) Police policy through the doctrine of Polmas in crime prevention in West Sumatra has not run optimally because of the still high crime rate that happened in West Sumatra jurisdiction; (2) the synergy between police officers with the elements of Nagari governmental officers in realizing the goal of policing the crime in West Sumatera has been running but needs to be improved in the form of prevention of crime involving the functionaries of customary law, clergy, and cadiak pandai (scholars) in the community; and (3) there are still obstacles in the implementation of Polmas for crime prevention in West Sumatera.
The improvement of the correctional system in Indonesia is marked by the passing of law No. 22 of 2022 Concerning Correctional Facilities (The Correctional Law). One of the things that are regulated regarding the implementation of prisoner services is a correctional function. Thus, the role of correctional institutions will undoubtedly be more in implementing services for prisoners placed in the State Detention Center (Rutan). This, of course, will have an influence on the existence of correctional facilities as part of the criminal justice system. The analysis and discussion of this study use a normative juridical method with a law approach and legal concepts, especially regarding the penitentiary system and the integrated criminal justice system. The results of the research and discussion show that strict and precise regulation regarding implementing prison services as a correctional function is one form of legal certainty for the existence of prisons as part of an integrated criminal justice system. This shows that prisons work not only in the final process of a series of criminal justice processes, especially inmates' development but also when the criminal justice process is working.
ABSTRAKPutusan Mahkamah Konstitusi Nomor 130/PUU-XIII/2015 yang menguji Pasal 109 ayat (1) KUHAP tentang kewajiban penyampaian surat pemberitahuan dimulainya penyidikan oleh penyidik kepada penuntut umum, terlapor, korban/pelapor dalam jangka waktu tujuh hari. Putusan ini menegaskan bahwa pemberitahuan dimulainya penyidikan oleh penyidik kepada penuntut umum yang sebelumnya tanpa kepastian, sehingga sering terjadi surat pemberitahuan dimulainya penyidikan disampaikan secara bersamaan dengan berkas perkara dan koordinasi antara kedua lembaga penegak hukum baru terlihat pada saat itu. Permasalahan pada penulisan ini adalah bagaimanakah pertimbangan hakim konstitusi berkaitan dengan kepastian hukum dalam sistem peradilan pidana serta bagaimanakah implikasi Putusan Mahkamah Konstitusi tersebut terhadap sistem peradilan pidana terpadu. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan studi kasus. Hasil penelitian menunjukkan bahwa pertimbangan hakim konstitusi dalam putusannya menjelaskan bahwa Pasal 109 ayat (1) KUHAP terdapat ketidakpastian mengenai koordinasi antara penyidik kepolisian dan penuntut umum. Ketidakpastian akan berpengaruh kepada mekanisme checks and balances dalam proses peradilan pidana. Putusan Mahkamah Konstitusi khsususnya terhadap pengujian Pasal 109 ayat (1) KUHAP memberikan kejelasan dan kepastian hukum mengenai kewajiban penyidik untuk menyampaikan surat pemberitahuan dimulainya penyidikan dalam jangka waktu tujuh hari kepada penuntut umum. Putusan Mahkamah Konstitusi berimplikasi semakin diperkuatnya keterpaduan dalam sistem peradilan pidana antara subsistem kepolisian dengan subsistem kejaksaan.Kata kunci: sistem peradilan pidana terpadu; penyidikan; surat pemberitahuan dimulainya penyidikan. ABSTRACT Constitutional Court Decision Number 130/PUU-XIII/2015 examines Article 109 paragraph (1) of the Criminal Code Procedure concerning the obligation to submit notification of the investigator's commencement by investigators to the public prosecutor, reported, victim/reporter within seven days. This decision confirms that the notification of the investigator's commencement to the public prosecutor was previously uncertain. It often happened that the notification of the investigator's commencement was delivered simultaneously with the case les, and coordination between the two law enforcement agencies was only visible at that time. This writing problem is how the constitutional judge considerations are related to legal certainty in the criminal justice system and the Constitutional Court Decision's implications on the integrated criminal justice system. The research method used is normative legal research with a case study approach. The results showed that the constitutional judge consideration in their decisions explained that the uncertainty was in Article 109 paragraph (1) of the Criminal Code Procedure regarding the coordination between police investigators and public prosecutors. Uncertainty will affect the checks and balances mechanism in the criminal justice process. The Constitutional Court's Decision regarding the review of Article 109 paragraph (1) of the Criminal Code Procedure provides clarity and legal certainty regarding investigators' obligation to submit a notification letter for the commencement of investigation within seven days to the public prosecutor. The Constitutional Court's Decision has implications for strengthening integration in the criminal justice system between the police subsystem and the prosecutors' subsystem. Keywords: integrated criminal justice system; investigation; notification of the investigator's commencement.
Changes in the Correctional System in Indonesia are marked by the ratification of Law Number 22 of 2022 concerning Corrections. One of the things that are regulated is regarding the implementation of prison services as a correctional function. This arrangement is of course interesting to analyze because so far correctional facilities have only been synonymous with fostering convicts, which is the final stage in the criminal justice system. Services for detainees at the detention center are related to the ongoing criminal justice process, because juridically the responsibility for detention is still on the law enforcement agencies that carry out the detention. This paper aims to analyze the raltionship between the regulation of prison services and the integrated criminal justice system in Indonesia. The discussion and analysis of this research uses a normative juridical method with a legal and conceptual approach, especially regarding the Correctional System and the integrated criminal justice system. The results of the analisys show that there are clear arrangements regarding the implementation of prison services as a correctional function. This is a form of legal certainty and at the same time an affirmation of the existence of correctional facilities as a criminal justice subsystem. As part of the Integrated criminal justice system, correctional facilities do not only work in the final process of the criminal justice process through the function of development prisoners, but also during the work or the on going criminal justice process.
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