The Reconstruction of the Prosecutor's Authority Regulation as Dominus Litis in the Enforcement of Corruption Criminal Acts Based on the Values of Justice

Draft Prosecutor's Office as controller investigation that in investigation the controlled and/ or led by the Public Prosecutor. This research aims to: 1) analyze the role of prosecutors as dominus litis in corruption law enforcement not yet based on justice values; 2) identify current regulatory weaknesses in that role; and 3) reconstruct the prosecutorial authority based on justice. Using a constructivist paradigm, it applies a sociological legal approach and descriptive study, relying on secondary data from primary, secondary, and tertiary legal materials, collected through literature review and analyzed qualitatively. The research results are: 1) The prosecutor’s authority as dominus litis in corruption law enforcement is not yet based on justice principles, making its role suboptimal; 2) Key weaknesses include: a) Substantive legal limits, such as Article 138(1) of the Criminal Procedure Code; b) Structural issues from functional separation between investigation and prosecution, reducing prosecutorial control; and c) Cultural resistance to restorative justice, with public preference for judicial processes; 3) Reconstruction should align prosecutorial authority with justice values through amendments to Article 139 of the Criminal Procedure Code, Article 30B(d) of Law No. 11/2021 (amending Law No. 16/2004), and Article 2(1)–(2) of Law No. 31/1999 on Corruption Eradication.

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Publication Details

Journal
International Journal of Social Science Research and Review
Published
2025-07-12
DOI
https://doi.org/10.47814/ijssrr.v8i7.2724
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

The Reconstruction of the Prosecutor's Authority Regulation as Dominus Litis in the Enforcement of Corruption Criminal Acts Based on the Values of Justice

Jawade Hafidz, Isnawati Isnawati, Sri Endah Wahyuningsih, Irawan EM
International Journal of Social Science Research and Review
Indonesian Legal and Regulatory Studies
article

The Reconstruction of the Prosecutor's Authority Regulation as Dominus Litis in the Enforcement of Corruption Criminal Acts Based on the Values of Justice

Jawade Hafidz, Isnawati Isnawati, Sri Endah Wahyuningsih, Irawan EM
article en

Abstract

Draft Prosecutor's Office as controller investigation that in investigation the controlled and/ or led by the Public Prosecutor. This research aims to: 1) analyze the role of prosecutors as dominus litis in corruption law enforcement not yet based on justice values; 2) identify current regulatory weaknesses in that role; and 3) reconstruct the prosecutorial authority based on justice. Using a constructivist paradigm, it applies a sociological legal approach and descriptive study, relying on secondary data from primary, secondary, and tertiary legal materials, collected through literature review and analyzed qualitatively. The research results are: 1) The prosecutor’s authority as dominus litis in corruption law enforcement is not yet based on justice principles, making its role suboptimal; 2) Key weaknesses include: a) Substantive legal limits, such as Article 138(1) of the Criminal Procedure Code; b) Structural issues from functional separation between investigation and prosecution, reducing prosecutorial control; and c) Cultural resistance to restorative justice, with public preference for judicial processes; 3) Reconstruction should align prosecutorial authority with justice values through amendments to Article 139 of the Criminal Procedure Code, Article 30B(d) of Law No. 11/2021 (amending Law No. 16/2004), and Article 2(1)–(2) of Law No. 31/1999 on Corruption Eradication.

International Journal of Social Science Research and ReviewVol. 8(7)
Sultan Agung Islamic University (ID), Sam Ratulangi University (ID)
Openalex Percentile: Top 79%
Indonesian Legal and Regulatory Studies
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The Reconstruction of the Prosecutor's Authority Regulation as Dominus Litis in the Enforcement of Corruption Criminal Acts Based on the Values of Justice — Jawade Hafidz, Isnawati Isnawati, et al. · International Journal of Social Science Research and Review (2025) | TGRS Research Map | TGRS