Implementation of the Principle of Dominus Litis in Positive Law in Indonesia
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2022, Vol 5, Issue 11
Abstract
Prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to the courts. However, in fact, the application of the Dominus Litis principle is not optimal, such as the implementation of horizontal supervision and the termination of cases. examines the application of the principle of dominus litis to positive law in Indonesia. Normative legal research with the Approach of the Act; futuristic and comparative. The application of the Dominus litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as the principle of functional differentiation in Articles 14 and 137, based on the position and function of the prosecutor in the criminal justice system is regulated in Article 140 paragraph (2); Law No. 11 of 2021 Amendment to Law No. 16 of 2004 and Constitutional Court Decision No. 55/PUU-XI/2013 and No. 29/PUU-XIV/2016. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors.
Authors and Affiliations
Lalu Panca Tresna, Amiruddin, Ufran
Keywords
Related Articles
- EP ID EP712837
- DOI 10.47191/ijmra/v5-i11-20
- Views 81
- Downloads 0
The Role of the ‘First Step’ State Curriculum in the Preschool Education System
The article examines the existing problems in the preschool education system, ongoing reforms aimed at solving these problems, and the importance of the state program “First Step”. The advantages of organizing classes ba...
Developing a Practical Teaching Simulation Software for Ability Certification of Microcontroller Applications
This paper proposes an effective educational training tool used to help students passing the professional competence certification examinations held by TEMI (Taiwan Embedded Microcontroller Development Institute) associa...
Resources Efficiency Based on Village-Fund for Local Economic Development
Local economic development to achieve increased welfare, encourage economic growth through the use of village funds. One of the villages that needs to be developed is Panji Village, Buleleng Regency. The local community...
Yoga Exercises to Speed up the Process of Uterine Involution
Yoga exercise will restore the strength of the pelvic floor muscles, tighten the muscles of the abdominal wall and perineum, and stimulate the contractions of the uterus. This research aims to determine the efficacy of y...
An Integrated Model to Tackle the Non-Appropriation of Agricultural Storage Facilities by Project Target Communities in Senegal
The storage facilities of agricultural projects are not fully used by Senegalese producers. To appraise the non-appropriation, we used a mixed approach. First, we interviewed fifteen (15) officials and eight (08) farmers...