Hisyam, Muhamad (2023) Pemisahan Berkas Perkara (Splitsing) Dalam Perkara Pencurian dengan Pemberatan Di Wilayah Hukum Kejaksaan Negeri Rokan Hilir. Other thesis, Universitas Islam Riau.

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Abstract

Law enforcement in Indonesia is still under scrutiny from various levels of society. Prosecutors put down in the indictment which will be used as the basis for the delegation of cases. The public prosecutor who wants to make an indictment is allowed to conduct a case file (separation) depending on the crime being examined. The basis for completing the case file is contained in Article 142 of the Criminal Procedure Code and Circular Letter of the Attorney General Number B-69/E/02/1997 concerning the Law of Evidence in Criminal Cases. In this thesis there is a main problem, namely: what are the reasons for the public prosecutor in splitting the case file (splitsing) in criminal cases in decisions No.38/Pid.B/2022/PN Rhl and No.40/Pid.B/2022/ PN Rhl at the Rokan Hilir District Prosecutor's Office and how is the execution of the case file (splitsing) carried out by the public prosecutor in the pre- prosecution process at the Rokan Hilir District Prosecutor's Office in decisions No.38/Pid.B/2022/PN Rhl and No.40/Pid.B/ 2022/PN Rhl. The method used is empirical normative legal research method. While seen from its nature, this research is descriptive. The results of the study show that the reason for public prosecution in splits is as an effort to make it easier to prove wrongdoing in injuries in cases, lack of witnesses and the existence of differences in status between those involved. The implementation of splitsing in this process is in accordance with the administrative flow contained in the Attorney General's Decree Number: Kep-518/A/J.A/11/2001 concerning Amendment to the Decree of the Attorney General of the Republic of Indonesia Number: Kep- 132/Ja/11/1994 concerning Case Administration Criminal Acts and Decision of the Attorney General Number: Kep[1]132/J.A/11/1994 concerning Amendments to the Decree of the Attorney General of the Republic of Indonesia Number: Kep-120/Ja/12/1992 concerning Administration of Criminal Cases. In these cases, there was a crown witness as regulated in the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 1986 K/Pid/1986 dated March 21, 1990.

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