The Constitutional Court as mandated in the constitution has a function as a guardian of the constitution, therefore, if there are norms in the Act that against to the 1945 Constitution of the Republic of Indonesia can be done by a trial. The decision of the Constitutional Court in the trial of the Act is related to the formal and material aspects, then the verdict that has been fulfilled the legal considerations by the judge, it will become the basis of a decision. Therefore, the verdict can not revoked arbitrarily unless in making decision due to coercion or negligence. The thesis deals and focuses on two aspects: First, showing and analyzing the considerations of the Constitutional Court in deciding the case No.012-016-019 / PUU-IV / 2006, No.19 / PUU-V / 2017, No.37-39 / PUU-VIII / 2010, No.5 / PUU-IX / 2011, No.36 / PUU-XV / 2017. Second, explains why the Constitutional Court inconsistency in determining the status and legal position of the KPK (Corruption Eradication Commision) through its verdict. From the new latest verdict of the Constitutional Court said that the KPK is an independent state institution under the executive authority , it is different from the previous four Constitutional Court decisions which said KPK as an independent state institution.
The excess housing in the Indonesian Correctional Institution does not abate. This condition is faced with criminal efforts which should be a final diversion related to the effort to include convicted persons in Corrections Institutions. The aim is to analyze whether the mediation of penal as the application of Restorative Justice can be an alternative effort to minimize excess occupancy inmates in correctional institutions. The use of this research as a recommendation for law enforcement officials in the handling of criminal acts by promoting penal mediation. The research uses normative legal research methods with literature studies. Mediation Penal is considered able to be an intermediary process of mediation or peace between perpetrators of criminal acts with victims of criminal acts as minimizing the excess occupancy that starts from handling the police and prosecutors stage.
The Attorney General's Office of the Republic of Indonesia is a government agency that exercises state power in the field of law enforcement, particularly in the field of prosecution. As a law enforcement agency that has a central role in the legal process itself, the Attorney General's Office of the Republic of Indonesia can be positioned as part of the main state institutions that have the same position and presence as other main state institutions. But in its implementation, the position of the Attorney General's Office of the Republic of Indonesia was not always in line with the main tasks it was carrying. Moreover, the regulation in the 1945 Constitution of the Republic of Indonesia as a state constitution was not found at all. In the relation of it, this research is intended in order to find out the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power in the Indonesian constitutional system. In order to answer the problems in this study, normative juridical research methods are used, namely by examining various existing provisions as secondary data to solve the problem under study. The results of this study indicate that the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power is a law enforcement agency that is placed as part of the executive, but the implementation of the main duties and functions as well as its authority falls within the judicial realm. Based on such conditions, further regulation is needed regarding the position of the Attorney General's Office of the Republic of Indonesia which is more ideal, so that in carrying out its main duties and functions as well as its authority can run well.
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