The Prosecutor's Opportunity Principle to Organ Buyers

Abstract

The principle of opportunity is a principle that allows prosecutors to prosecute or not prosecute a case in the public interest. This principle is a tool that prosecutors have to filter out non-usefulness in criminal prosecution. In the case of purchasing organs in Decision Number 587_Pid.Sus_2019_Pn.Jkt.Pst carried out by Hersa Audi Pratama, there are indications that there is no benefit in imposing a crime in this case so that the case must be set aside based on the principle of opportunity. In order to examine the coherence and rationality of whether or not it is necessary to apply the principle of opportunity to this problem, it is necessary to carry out an in-depth discussion of this matter. The research method used is a type of normative legal research which analyzes using secondary data/library materials sourced from legislation, legal literature and non-legal literature descriptively and analytically. The research approaches used are the statutory approach, case approach and conceptual approach. In this research the author found that in the case of purchasing organs carried out by Hersa Audi Pratama in Decision Number 587_Pid.Sus_2019_Pn.Jkt.Pst there was a public interest in getting health services to achieve general welfare, a public interest in avoiding useless crimes that could damage the general welfare, and the interests of the state and nation to protect society from useless crimes that could damage the general welfare. Therefore, this case must be set aside by the Attorney General using the principle of opportunity.