TINJAUAN TERHADAP PELAKSANAAN KETENTUAN PASAL138 KUHAP TENTANG PRA PENUNTUTAN DALAM PROSESPENANGANAN PERKARA PIDANA DI YOGYAKARTA

This law writing with tittle “Riview of The implementation of Article 138 KUHAP about Pre-Prosecution in The Handling of Criminal Case in Yogyakarta”, purpose to analysis data about role in investigators and public prosecutor in criminal case process, especilally at the time of pre-prosecution. The type of this research is normative legal research that based research to norms of positive law such as legislation and KUHAP. In criminal case relevant with Preprosecution process. The result of examination who performend by investigators was formed BAP, and investigators would give authority to public prosecutor to respon the BAP. Then, public prosecutors would been learn BAP and examined the clause to do prosecution process. If, document of case has not fullfill the clause, public prosecutor sending back case to investigators with public prosecutor’s direction to completion. This process in criminal law known with pre-prosecution. Based on description above, could be conclusion that preprosecution process performed by investigators and public prosecutor. KUHAP not give border quantity of pre-prosecution could to do. That causes frequently document and case between investigators and public prosecutors. For solving this problem, in the handling criminal case need strong coordination between investigator and public prosecutors.