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Journal : open access driverset

The essence of authority and legal certainty of district courts in the execution of equitable consignment Muhammad Alfi Sahrin Usup; Merry E. Kalalo; Wulanmas A. P. G. Frederik; Jemmy Sondakh
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.157

Abstract

The main issue that needs to be emphasized in the background of this study is the potential inconsistency between consignment as a mechanism for releasing debtors from their obligations and the disputable nature of such release prior to creditor acceptance or a court determination. This inconsistency has direct implications for the normative question of whether consignment, particularly at the execution stage by the District Court, fulfills the principles of legal certainty, justice, and balance. This issue logically leads to the focus of the research concerning the nature of the authority and legal certainty of the District Court in the execution of equitable consignment. The research problems addressed in this study are: (1) What is the nature of the authority and legal certainty of the District Court in the execution of equitable consignment?; (2) How does the urgency of the District Court’s authority affect legal certainty in the execution of consignment?; and (3) What is the ideal concept of authority and legal certainty of the District Court in the execution of equitable consignment? This study is a normative juridical legal research with a prescriptive approach. The discussion in this research explains that the nature of the authority and legal certainty of the District Court in the execution of equitable consignment demonstrates that executorial authority must be understood as a combination of normative validity and procedural legitimacy. Furthermore, the urgency of the District Court’s authority in influencing legal certainty in the execution of consignment lies in the fact that normative and institutional uncertainty at the execution stage directly transforms consignment from an instrument of certainty into a source of further uncertainty. Finally, the ideal concept of authority and legal certainty of the District Court in the execution of equitable consignment requires an executorial authority model that is independent, final and binding, effective yet proportional, and not deterministically dependent on external variables, while integrating law enforcement, legal protection, and social justice orientation.
The constatation of the prosecutor’s role as dominus litis in the optimal evidentiary system based on ius constitutum for the achievement of legal objectives in indonesia Triono Rahyudi; J. Ronald Mawuntu; Merry E. Kalalo; Herlyanty Y. A. Bawole
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.158

Abstract

This abstract discusses the importance of strengthening the dominus litis principle within Indonesia’s criminal justice system. The research problem arises from the still limited role of prosecutors, who are only involved after the investigation is declared complete, resulting in the prosecutorial control function not operating optimally. This study aims to analyze the essence of the dominus litis principle in the existing criminal procedural law, the urgency of prosecutorial authority during the evidentiary stage, and the concept of strengthening the prosecutor’s role in the reform of the Criminal Procedure Code (KUHAP). The research employs a normative legal research method using statutory and conceptual approaches through the examination of primary and secondary legal materials. The findings indicate that the involvement of prosecutors from the early stages of criminal proceedings is necessary to ensure the quality of evidence, the integrity of law enforcement, and the achievement of justice-oriented legal objectives. The study further emphasizes that the dominus litis principle needs to be progressively reinterpreted by positioning prosecutors as substantive actors in the construction of criminal cases. Therefore, reform of the Criminal Procedure Code is an urgent necessity in order to establish a modern, integrative, and accountable criminal justice system.