Legal Reconstruction of Investigation Warrant Submission Arrangements on Suspect Based on Justice Value

Abstract

Notification of Commencement of Investigation is a letter issued by an investigator addressed to the public prosecutor which aims to notify an investigation into a case. The Public Prosecutor will respond to the Letter of Notification of the Commencement of the Investigation by appointing a Research Prosecutor to follow the investigation process. This study discusses the problem of regulatory weaknesses in the delivery of an order to commence an investigation to the current reported party and efforts to reconstruct the arrangements in submitting an order to begin an investigation to the reported party based on the value of justice. The approach method in this research is socio-legal research. The results of the study found that there was a weakness in the regulation in submitting an order to commence the investigation of the Constitutional Court within 7 (seven) working days. There is no apparent sanction for the investigator if, after 7 (seven) days, the notification letter for the commencement of the investigation is submitted to the reported party. Thus the complainant feels that his rights as a citizen have been degraded. Reconstruction of arrangements in the delivery of the warrant for the start of an investigation to the reported justice based on the non- involvement of the reporting party and the reported party in submitting the Notification of Commencement of Investigation and also regarding the deadline for submission and there are no sanctions for investigators who are late in submitting the Notice of Commencement of Investigation to the public prosecutor, reporter and reported.