Kepastian Hukum dan Keadilan Melalui Penegakan Hukum Responsif dalam Penyelesaian Perkara Tindak Pidana Korupsi pada Kejaksaan Tinggi Sumatera Utara

Abstract

In generally the research is aimed to study the lack of the corruption case settlement process in entire Indonesia, specifically in The North Sumatera High Prosecutor's Office in creating the legal enforcement and justice for the suspect. Besides, the research is also addressed to find an ideal model of responsive legal enforcement which has substantial justice based who can simplify the corruption case settlement. The research produces some relevant recommendations against the corruption case settlement in Prosecutor's Office. The background of the research goes from the condition which has so many weakness. The weakness comes from the legal enforcement itself which is incoherent, inconsistent and incomprehensive by the legal apparatus (prosecutor) in handling the corruption cases. As result, many unfinished corruption cases mainly in the area of prosecutor's office. Especially in North Sumatera High Prosecutor's Office against someone has been titled status as a suspect for years but the case is still kept hanging with no clear legal security and justice to the suspects. So this gives unsatisfied to the people justice seeker (the suspect), the unsatisfied is due to the legal apparatus (prosecutor) as investigator is too clumsy in applying the legal norm with no considering the means proof including the loss of the country which was caused and the background of the corruption case occurred, it is deserved to be settled down out of The Court through the administration before somebody is titled as a suspect. What becomes handicaps within the dissertation are firstly, how is the consistency of the regulation who manage the corruption case settlement? Secondly, how is the role of legal apparatus (prosecutor) in applying the responsive corruption case settlement norms. Thirdly, how is the legal policy of prosecutor and the ideal model in handling the unfinished corruption cases in Prosecutor's Office, so it can make a legal security and justice to the suspect? The method of research is normative research and empiric approach using the case file approach. The data which is used are primary and secondary data. The primary data is taken directly from the source. The collective data is obtained by interview and questioner. On the qualitative data analysis is given data sharing and taking conclusion. Based on the research it is found many unfinished cases are caused by the normative smashed and the inconsistency between the regulation on corruption case with the SOP of The Attorney General, less of commitment, skillful, budget, limited authority, intervention and fear (for prosecutor) to take policy in handling the corruption case. It is needed an ideal model to simplify the corruption case settlement namely The responsive legal enforcement substantial justice based (to see the substance of a case). Such model gives enough space to the parties, legal apparatus (prosecutor) and corruption suspect to settle down the case equal and properly. So it can create the legal security and justice.