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All Journal Kosmik Hukum Corruptio
Ahmad Firjatullah Farhan
Universitas Sriwijaya

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The Basis of Issuance and Reasons for Revocation of the Attorney General's Guideline No. 7 of 2020 Ahmad Firjatullah Farhan; Zulhidayat Zulhidayat; Hamonangan Albariansyah
Corruptio Vol 6 No 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v6i2.4688

Abstract

This study examines two fundamental issues concerning the Attorney General’s Guideline No. 7 of 2020, which regulates the granting of permission for the summoning, examination, search, arrest, and detention of prosecutors suspected of committing criminal acts. The primary issues analyzed are: (1) the juridical and philosophical foundations underlying the issuance of the Guideline, and (2) the legal basis and substantive reasons for its subsequent revocation. This research employs a normative legal research method, using statutory, conceptual, and philosophical approaches by analyzing laws and regulations, legal doctrines, and relevant scholarly opinions. Juridically, the issuance of the Guideline was grounded in Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Prosecutor’s Office of the Republic of Indonesia, which requires the Attorney General’s authorization for law enforcement actions against prosecutors. This provision aims to prevent arbitrary criminalization and protect prosecutorial independence. Philosophically, the Guideline was intended to provide procedural legal protection for prosecutors in their role as dominus litis, enabling them to perform their duties independently and free from intimidation while preserving the dignity of the prosecutorial profession. However, the Guideline was revoked shortly after its enactment through the Decree of the Attorney General of the Republic of Indonesia Number 163 of 2020 due to political, legal, and sociological considerations, particularly public concerns regarding equality before the law and the potential for prosecutorial impunity. This study concludes that the issuance and revocation of the Guideline reflect an inherent tension between the need for institutional protection of prosecutors and public demands for transparency, accountability, and equality before the law within Indonesia’s criminal justice system.
Strengthening Investigator Accountability through Cost Internalization in Indonesian Criminal Procedure Reform Hamonangan Albariansyah; Ahmad Firjatullah Farhan
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30165

Abstract

Pre-trial procedure serves as a control mechanism over the authority of law enforcement officers, particularly in assessing the legality of coercive measures undertaken by investigators. In practice, courts have granted pre-trial applications in several cases and ordered compensation to be paid to applicants. However, a pre-trial decision does not automatically establish the state’s obligation to provide compensation; it must first be proven that the loss is real, measurable, and directly caused by unlawful actions. In general, such compensation is borne by the state through the national budget. Indonesian criminal procedural law does not explicitly regulate mechanisms for imposing compensation liability directly on investigators or other responsible state officials. Nonetheless, outside the criminal procedure framework, state financial law provides a mechanism for holding public officials accountable for losses resulting from negligence through administrative and financial liability systems. This study examines the potential application of cost internalization within the framework of economic and legal analysis to strengthen investigator accountability. By internalizing the costs arising from unlawful investigative actions, the burden of compensation may be shifted, at least partially, from the state to the responsible officials. The findings indicate that cost internalization represents an optimization of accountability, encouraging greater prudence and professionalism among investigators. Therefore, it is recommended that this concept be explicitly regulated in the Draft Criminal Procedure Code to enhance legal protection and institutional responsibility.