Prosecutorial Authority under the Principle of Dominus Litis in the Draft Criminal Procedure Code
Kekuasaan Kejaksaan Berdasarkan Asas Dominus Litis dalam Rancangan Kitab Undang-Undang Hukum Acara Pidana
DOI:
https://doi.org/10.30656/ajudikasi.v9i1.12289Keywords:
Prosecutor, Authority, Dominus Litis, Criminal CodeAbstract
Effective and fair law enforcement is a crucial pillar of the criminal justice system in Indonesia. In this context, the Prosecutor’s Office holds a strategic role through the principle of dominus litis, which grants full authority to the Public Prosecutor to control the course of criminal prosecution. This study aims to analyze the powers of the Prosecutor's Office based on this principle, particularly in relation to the Draft Criminal. Procedure Code (RUU KUHAP) currently under discussion. The research employs a normative juridical approach with qualitative descriptive analysis of legal regulations, legal doctrines, and academic literature. The findings reveal that although the dominus litis principle strengthens the Prosecutor’s position, provisions in the RUU KUHAP such as Article 111 Paragraph (2) and the application of the opportunity principle—pose potential risks of overlapping authority with the police and misuse of power. Therefore, proportional authority and effective oversight mechanisms are necessary to ensure the upholding of justice, legal certainty, and human rights protection
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Attamimi, F. 2024. Kewenangan Kejaksaan dalam Penghentian Perkara Tindak Pidana Narkotika dengan Pendekatan Keadilan Restoratif Berdasarkan Asas Oportunitas. Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP), 4(4).
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