APPLYING THE ATTORNEY GENERALS PRINCIPLE OF OPPORTUNITY IN ECONOMIC CRIMES: A STUDY ON DIGNIFIED JUSTICE THEORY FOR NATIONAL WELFARE

The concept of the oportunitas principle, originating from the now-obsolete Article 8 of Law No. 15 of 1961, has endured through subsequent legal frameworks in Indonesia. This principle has evolved to grant the Attorney General, the highest Public Prosecutor, exclusive authority for its implementation, aligning with the current Prosecution Law and the guidelines of the Criminal Procedure Code. The oportunitas principle allows the Attorney General to refrain from prosecuting certain criminal cases to safeguard the public interest, with a formal decision document issued to ensure legal certainty and emphasize the prohibition of future prosecution in cases dismissed in favor of the public, particularly regarding economic crimes that impact the national economy. Harmonizing this principle with the evolving legal landscape reflects a delicate balance between societal needs and legal frameworks, helping to prevent the misuse of power. The dynamic nature of the oportunitas principle underscores its vital role in the Indonesian legal system, providing a nuanced perspective on the intersection of justice, public interest, and prosecutorial discretion.