Abstract

This research aims to analyze the position of Supreme Court Regulation No. 02 of 2012 in determining minor offenses in the criminal law enforcement process and to analyze the binding force of Supreme Court Regulation No. 02 of 2012 in law enforcement practice. The research method used is normative legal research with statutory and conceptual approaches. The research results show: 1) Supreme Court Regulation No. 2 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code is not included in the hierarchy of Laws and Regulations, but the Supreme Court Regulation is recognized as long as it is ordered by higher Laws and Regulations or formed based on authority, so the position of this Supreme Court Regulation is not equal or below the Law; 2) The Supreme Court Regulation is binding on the Police, Attorney General's Office, and Courts due to the signing of a Joint Memorandum of Agreement with the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia and the National Police of the Republic of Indonesia.

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