Integration Of The Investigation And Investigation Agency In Realizing The Independence Of Criminal Law Enforcement

Abstract

This study aims to explain the urgency of an integrative investigation and investigation agency in realizing the independence of criminal law enforcement, and to find a model for structuring an integrative investigation and investigation agency in order to realize the independence of criminal law enforcement. This type of research uses normative (doctrinal) legal research. The approaches used are statutory approaches , conceptual approaches and comparative approaches. The technique of data collection is done through literature study. Meanwhile, the technique of analyzing data or legal materials uses deductive logic, as well as prescriptive drawing conclusions. The findings of this study, first ; Until now there has been no permanent and integrated criminal investigation and investigation agency into an independent body, as is the case with the prosecution agency (prosecutor), judicial body (court), correctional institution (pencial institution), and legal aid agency (penal institution). advocate), in the current legislation only appoints which officials are entrusted with the task of carrying out the functions of investigation and investigation of criminal acts, which are spread over many officials in different agencies. This condition has given rise to pluralism of investigative and investigative powers, legal uncertainty regarding the division and distribution of authority which causes overlapping and monopoly of authority among and by some investigators and investigators. into one integrative investigative organization. Second ; The model of the body of inquiry and investigation offered is independent, as an Independent State Institution (LIN) which is free from interference from the executive and legislative powers. The independence of this integrative investigation and investigation body includes regulatory independence in the laws to be established, recruitment of human resources ( investigating officers and investigators), the type of authority possessed and the implementation of the authority, as well as the supervisory system to be built. In conclusion, the position of the Investigation and Investigation Agency has a theoretical, constitutional, and juridical basis as the executor of some of the functions of an independent judiciary in the field of criminal law enforcement.