Rekonstruksi Batas Diskresi Jaksa dalam Penghentian Penuntutan Berdasarkan Prinsip Legalitas dan Akuntabilitas

Abstract

Prosecutorial discretion in the termination of prosecution presents a fundamental challenge between the need for flexibility in criminal justice and the requirement to prevent the uncontrolled exercise of public authority. This study examines how the boundaries of prosecutorial discretion can be reconstructed to remain consistent with the principles of legality and accountability. Using a qualitative socio-legal approach, the study analyzes the relationship between the legal framework governing prosecutorial authority, relevant institutional and case-related documents, and the perspectives of actors involved in prosecutorial decision-making. The findings demonstrate that the legality of authority alone is insufficient to establish the legitimacy of a decision to terminate prosecution. The boundaries of legitimate discretion are formed through the interrelationship of five dimensions: lawful authority, the relevance of concrete case conditions, rational and verifiable reasons for decisions, consistency in applying decision parameters, and mechanisms of accountability. The study proposes a reconstructive framework that shifts the analysis from the mere existence of discretionary authority toward the quality of its exercise. This framework contributes to the governance of prosecutorial discretion by providing analytical parameters for evaluating whether a decision remains within legitimate legal boundaries while preserving the flexibility required to respond to the particular circumstances of criminal cases.