TINJAUAN YURIDIS PRAPENUNTUTAN DALAM SISTEM PERADILAN PIDANA MENURUT KITAB UNDANG-UNDANG HUKUM ACARA PIDANA

Pre-prosecution (prapenuntutan) is a critical stage in the criminal justice system, during which prosecutors monitor the progress of investigations following formal notification from the police. This paper aims to examine the role and challenges of pre-prosecution proceedings, and to advocate for reforms to ensure the process becomes more effective, efficient, and guarantees fair legal certainty. Pursuant to Article 14(b) of the Indonesian Criminal Procedure Code (KUHAP) and Article 30(1)(a) of the Law on the Prosecutor's Office, prosecutors are authorized to review case files and provide instructions to investigators to complete the investigation. However, the absence of time limits in the KUHAP creates legal uncertainty for suspects, particularly concerning their right to a prompt examination as stipulated in Article 50 KUHAP. In practice, pre-prosecution is often hindered by repeated returns of case files (P-19), sectoral egos, and lack of coordination between investigators and prosecutors. These issues result in delays, increased litigation costs, and potential violations of human rights as guaranteed by the 1945 Constitution. Based on data from the Indonesian Prosecutor's Case Management System (CMS) in 2022, 36,283 cases were not proceeded to trial, reflecting the ineffectiveness of the pre-prosecution stage. Although the Prosecutor's Office has issued Guideline No. 24 of 2021 concerning time limits for case resolution, implementation challenges persist. In conclusion, while pre-prosecution is intended to ensure the completeness of case files and legal certainty, it continues to face systemic and procedural obstacles that must be addressed to enhance justice and accountability.