The Asian Human Rights Commission (AHRC), a regional human rights organization in Asia and the Indonesian Court Monitoring Society/MaPPI-FHUI, a civil society organization based in Indonesia, wishes to inform you about a journal (essasy) written by Mr. Andi Hamzah, Head of RKUHAP Drafting Team Period 1999-2009, the journal concerning Relationship Between Investigator And Prosecutor In Draft of Indonesia Criminal Procedure Law (RKUHAP).
The journal paper can be accessed here
After 10 years being formulated, draft of Indonesian Criminal Procedural Law (RKUHP) is finally submitted and discussed in DPR. However, there are some rejections in the discussions, such as the elimination of “investigation” as well as the establishment of Preliminary Examination Judge (HPP) RKUHAP.
Relationship between Investigator and Public Prosecutor is formulated in the form of “initial investigation” combined under the “investigation” chapter. In addition, to facilitate the relationship, notification for the commencement of investigation may be conducted through various communication means with local prosecutor (jaksa zona). Therefore, there won’t be any case goes “back and forth” again, and cooperation between investigator and public prosecutor will still continue until court trial.
One of the objectives for establishing HPP is to meet the mandate of International Covenant on Civil and Political Rights (ICCPR). This article explains the relationship between investigator and public prosecutor as well as the background for establishing HPP in RKUHAP.
This journal also published in the Indonesian Journal of Judiciary Teropong which published by the Indonesian Court Monitoring Society/MaPPI-FHUI.