Tinjauan Hukum Kewenangan Dewan Perwakilan Rakyat Republik Indonesia terhadap Perkara Pidana yang Ditangani oleh Penuntut Umum Berdasarkan Prinsip Kepastian Hukum

Abstract

The online community has been stirred by the viral news regarding a death penalty demand for a crew member named Fandi, who was charged with smuggling two tons of illicit drugs in Batam waters. Fandi objected to the prosecutor's demand, deeming the proposed punishment excessively harsh for his actions. Meanwhile, Commission III of the House of Representatives (DPR RI)-which oversees law and human rights-commented on the death penalty demand, noting that it did not align with the newly implemented Criminal Code (KUHP). This commentary has implications for legal certainty regarding the trial proceedings for the two-ton drug smuggling case involving Fandi. Indonesia employs a separation of powers framework based on the *trias politica* principle, comprising the legislative, executive, and judicial branches. Each branch is granted authority under the Indonesian Constitution, and consequently, none is permitted to interfere in the affairs of the others. The DPR RI holds three constitutional functions and authorities, one of which is the oversight function; the specific scope of these duties and powers is further clarified through the MD3 Law.