PEMBERLAKUAN PASAL 62 UNDANG-UNDANG NOMOR 20 TAHUN 2025 DALAM PELAKSANAAN KOORDINASI ANTARA PENYIDIK DAN PENUNTUT UMUM PADA PROSES PRA PENUNTUTAN DI KEJAKSAAN NEGERI SIDOARJO

Abstract

The implementation of Article 62 of Law Number 20 of 2025 on the Criminal Procedure Code (KUHAP) regulates coordination between investigators and public prosecutors during pre-prosecution, aiming to establish effective case handling and legal certainty. However, obstacles are still encountered in practice. This study analyzes the form of coordination between investigators and prosecutors and identifies obstacles in implementing Article 62 at the Sidoarjo District Prosecutor's Office. This study employed an empirical juridical method with a qualitative approach. Data were obtained through interviews with the Head of the Pre-Prosecution Subsection, a Functional Prosecutor at the Sidoarjo District Prosecutor's Office, and an investigator from the Criminal Investigation Unit of the Sidoarjo Regional Police, then analyzed descriptively.The results indicate that coordination has been carried out starting from the receipt of the Notification Letter of Commencement of Investigation (SPDP), followed by examination of case files, issuance of a P-19 letter when the case file is deemed incomplete, and issuance of a P-21 letter once the case file fulfills formal and material requirements. The obstacles identified include the absence of clear standards for determining case file completeness, resulting in differing assessments among prosecutors, as well as delays by investigators in complying with instructions in the P-19 letter. This study concludes that the implementation of Article 62 has been carried out, but has not yet been optimal. Therefore, clear guidelines on standards for determining case file completeness are needed to improve coordination effectiveness during pre-prosecution.