Analisis Proses Penyelesaian

Abstract

Mild criminal acts drew attention to review because the treatment was deemed to be no longer proportional to the seriousness of the consequences of the light criminal act itself, so the Supreme Court issued Supreme Court Regulation no. 02 of 2012 on the adjustment of the limits of minor criminal offenses and the amount of fines in the Criminal Code. The problem of this thesis is how is the law which underlies the birth of Supreme Court Regulation no. 02 Year 2012, how the process of settlement of minor crime after the release of Supreme Court Regulation no. 02 Year 2012 and how the constraints and efforts to overcome the settlement of minor criminal offenses after the release of Supreme Court Regulation no. 02 Year 2012. This type of research uses normative juridical type. This type of normative juridical research is intended as a review on the conceptual level about the meaning and intent of various national legal regulations relating to the settlement of minor criminal offenses after the release of Supreme Court Regulation no. 02 Year 2012. The results of the study and discussion explains the legal norms underlying the birth of Supreme Court Regulation no. 02 of 2012 is Law Number 12 Year 2011 on the Establishment of Laws and Regulations as well as Law No. 3 of 2009 on the Second Amendment to Law Number 14 Year 1985 regarding the Supreme Court. The process of settlement of minor offenses after the release of Supreme Court Regulation No. 02 Year 2012 is still not fully effective because it only binds the internal judges under the Supreme Court alone, so that other law enforcement agencies have no obligation to comply with the regulation, even though efforts of the respec- tion between the respective law enforcement agencies have been done. Judicial power is the last key to achieving justice directed by the Supreme Court. Obstacles to overcome the settlement of minor offenses after the release of Supreme Court Regulation No. 02 Year 2012 is an obstacle arising from the legislation because in the form of the Supreme Court Regulation, so as not to impact binding to other Law Enforcement Institute, obstacles arising from law enforcement agencies and obstacles that arise in Practice in the Field. Efforts can be made by creating a memorandum of agreement between the Supreme Court, the Minister of Justice and Human Rights, the Attorney and the Police, Socialization to all related legal institutions and Judge and decide cases as regulated in Supreme Court Regulation No. 2 of 2012.