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As living creatures, human always prompted to do good deeds. There
are good and evil in human act and behavior. Because of that, to avoid the evil
of human behavior, country as the government built the law. According to its
form, there are written and non-written forms. Non-written form of law started
from habit which grew in community, one of it is custom. Whereas, the written
law is the law which published by the government is the positive law. As a law
Country, based on The 1945 Constitution article 1 point (3), Indonesia must
uphold the existence of the applicable law. The definition about law is various.
According to Utrecht, which cited by Sudarsono, the definition of law is: “The
association of rules that contains commands and prohibitions which handle the
order of a community and it must be obeyed by its community.” So it is very
important thing to ensure the rights and to arrange the obligation of the human
in live their life. As one kind of a law, The Book of Criminal Law (KUHAP)
arrange about how to drive the material law i.e. criminal law. Based on The
Book of Criminal Law, the criminal actor has some grades i.e. suspect,
defendant and convict. If there is evidence during the process of investigation,
the status of suspect will become defendant and if he has been sentenced to
punitive sanctions by the judge, his status become convict.
Kata Kunci : kedudukan jaksa, hukum positif
