Principle Law Enforcement
Viewed from the perspective of criminal law policy (penal policy), the target of the criminal law not only regulates public works in general, but also set the action in terms of law enforcement authorities. In the view of Peter, as cited Barda Nawawi Arief, that the limitation and control of state power is a real juridical dimension of criminal law, juridical task of the criminal law is not "manage the public" but "set ruler". 1Thus, the policy of criminal law contains essentially policies to regulate and restrict the power / authority, whether the authority of society in general to behave in social interactions, as well as the power or authority of the ruler / law enforcement.
No. Act. 8 of 1981 on Criminal Proceedings (Criminal Code) has created a system of oversight and accountability in supporting the creation of an integrated criminal justice system (crimanal integrated justice system), then the required synchronization implementation of legislation regulating the duties and authority between the system components in the justice system criminal. Synchronization is important to avoid overlapping of duties and powers of law enforcement officers during this happens so that it can harm the efforts of law enforcement and community justice seekers. 2
The foundation of the principle or principles underlying the Criminal Code, referred to as the basic legal standard in criminal law enforcement. The principles of this law or principle is a guideline for law enforcement institutions in implementing the articles of the Criminal Procedure Code. Not only law enforcement officers only to the principle or principles of law will become the benchmark and the foundation, but also for every member of the community involved and concerned over the implementation of measures regarding the implementation of the Criminal Procedure Code. Deviate from the principles of such laws, means the person was deliberately ignoring the essence of purity that aspired to the Criminal Procedure Code. 3
One of the important principles in the Criminal Procedure Code is the principle of functional differentiation, which is an affirmation segregation of duties, functions and responsibilities between the respective institutional law enforcement officers. This separation can be known from the provisions of Article 1 digits 1-5 and Section 4-12 Criminal Procedure Code Criminal Procedure Code for the task of investigation; and Article 1 digits 6-7 and the Criminal Procedure Code Article 13-15 for the task of public prosecutors. Thus obtained a description that authority for investigation and prosecution authorities will be performed by two different institutions or agencies.