The Reconstruction of the Prosecutor's Authority Regulation as Dominus Litis in the Enforcement of Corruption Criminal Acts Based on the Values of Justice
Year: 2025
Type: article
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.
Institution: Sultan Agung Islamic University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $53
OpenAlex ID: W4412372152