Strength of Extraction of Decisions as Basis for Execution by Prosecutors Based on Supreme Court Circular Letter Number 1 of 2011

Abstract

As a part of a criminal justice system, the prosecutor's office has the authority to implement court decisions against convicted convicts whose case has been terminated and there are no further legal remedies so that the decision has permanent legal force, which in the verdict contains punishment. The duties as executor of court decisions that are borne by prosecutors are regulated in article 1 point 1 of Law No. 16 of 2004 concerning the Prosecution that, "Prosecutors are functional officials who are authorized by law to act as public prosecutors and enforce court decisions that have gained power. permanent law and other powers based on law ”. Article 270 of the Criminal Procedure Code also states that "The prosecutor will continue to implement a court decision, for which the clerk will send a copy of the decision letter to him." Based on article 270 of the Criminal Procedure Code, which stipulates that the execution should be carried out by the prosecutor, after the clerk has sent a copy of the decision letter to him. In practice, the execution of decisions without showing a copy of the verdict often invites resistance from the convicted party. This study aims to determine the basis for the execution of the judge's decision by the prosecutor before and after the issuance of the Supreme Court Circular No. 1 of 2011, to determine the position and strength of the extracts of the decision as the basis for execution in the criminal justice system, to determine the efforts made by the prosecutor as executor of the judge's decision. which is legally binding in the future. This research is a type of normative legal research. The approach used by researchers is a normative juridical approach.