Legal Analysis of the Execution of Criminal Judgments at the Jayapura District Prosecutor’s Office

Abstract

Execution is the final stage of the criminal justice system and determines whether a judge’s decision actually provides legal certainty. This study analyzes the execution of criminal judgments by the Jayapura District Prosecutor’s Office, its conformity with legal provisions, the obstacles encountered, and the efforts made to overcome them. It is normative-empirical legal research with a normative emphasis, using statute and conceptual approaches and a review of three anonymized case illustrations. Data were collected through observation, unstructured interviews, and documentation at the Jayapura District Prosecutor’s Office over one month, then analyzed qualitatively with triangulation and examined using Soerjono Soekanto’s law enforcement theory and Gustav Radbruch’s theory of legal certainty. The field data were collected while the old KUHAP was in force, that is, before 2 January 2026. The results show that prosecutors carry out execution under Article 270 of the KUHAP through seven stages, from receipt of the copy of the judgment, issuance of the judgment execution order (P-48), and summoning of the convicted person, to handing the convicted person over to a correctional institution and drawing up the minutes, and that it generally conforms procedurally to Article 270 of the KUHAP; timeliness has not been assessed. The obstacles are legal (judicial review, delayed copies of judgments), technical (facilities, personnel, and the geographic conditions of Papua), and social (uncooperative or fleeing convicted persons and the influence of families or groups). The efforts made include strengthening coordination with the police and correctional institutions, monitoring the whereabouts of convicted persons, speeding up administration, using information technology, improving professionalism, and legal outreach. Since 2 January 2026, Law Number 20 of 2025 on the KUHAP has been in force, so these findings describe practice under the old KUHAP and adjustments to execution procedures need further study.