MEKANISME PENYUSUNAN SURAT DAKWAAN OLEH PENUNTUT UMUM DI KEJAKSAAN NEGERI SIKKA

Abstract

An indictment constitutes the basis for examining criminal cases in court proceedings and determines the scope of judicial evidence assessment. Therefore, its drafting must be careful, clear, and comprehensive to avoid legal defects that may result in annulment. This study aims to examine the mechanism for drafting indictments by public prosecutors at the Sikka District Attorney’s Office and identify obstacles encountered in the process. The research employs an empirical juridical method with a qualitative approach, combining statutory analysis with field data obtained through interviews and document studies. The findings indicate that indictment drafting involves several stages, including case file examination, analysis of relevant criminal provisions, selection of the appropriate form of indictment, preparation of an indictment matrix, and formulation of the indictment concept in accordance with the formal and material requirements stipulated in Article 143 of the Indonesian Criminal Procedure Code (KUHAP). The study identifies several obstacles, including incomplete case files, insufficient evidence and witnesses, and differences in legal interpretation. Therefore, carefulness, accuracy, and effective coordination between investigators and public prosecutors are essential to ensure the validity and effectiveness of indictments in criminal proceedings.