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All Journal International Journal Multidisciplinary Journal of Social Science
Ida I Dewa Ayu Dwiyanti
Faculty of Law Mahendradatta University, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics

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JURIDICAL ANALYSIS OF THE POSITION OF THE PROSECUTOR'S OFFICE AS DOMINUS LITIS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Ni Luh Putu Anggi Saraswati; Ida I Dewa Ayu Dwiyanti; Benny Hariyono
Journal of Social Science Vol. 3 No. 3 (2026): Journal of Social Science
Publisher : PT. Antis International Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijss.v3i3.148

Abstract

Objective: This research aims to analyze the position of the Prosecutor’s Office as dominus litis and the obstacles encountered in prosecution practices, as well as to analyze the regulation of the position and authority of the Prosecutor’s Office as dominus litis based on positive law in Indonesia. Method: This research employs normative legal research using a statutory approach and a conceptual approach. The legal materials consist of primary, secondary, and tertiary legal materials obtained through library research. The legal materials are analyzed descriptively and qualitatively. Results: The results show that the position of the Prosecutor’s Office as dominus litis is manifested through its authority at the pre-prosecution and prosecution stages, including the examination of case files, provision of instructions to investigators, determination of case-file completeness, receipt of suspects and evidence, preparation of indictments, and submission of cases to the court. The regulation of the position and authority of the Prosecutor’s Office as dominus litis has a legal basis in the Law Number 11 of 2021 concerning the Prosecutor’s Office of the Republic of Indonesia and Law Number 20 of 2025 concerning the code of criminal procedure. Ambiguity of legal norms concerning the limits of authority and the binding force of instructions issued by public prosecutors has the potential to cause differences in interpretation in the process of handling criminal cases. Novelty: Strengthening regulations and coordination between investigators and public prosecutors is necessary to achieve legal certainty and optimize the position of the Prosecutor’s Office as dominus litis.
JURIDICAL ANALYSIS OF CRIMINAL LIABILITY FOR PERPETRATORS OF PREMEDITATED MURDER FROM THE PERSPECTIVE OF THE NEW PENAL CODE Gusti Ngurah Made Yuliana Astawa; Ni Made Rai Sukardi; Ida I Dewa Ayu Dwiyanti
International Journal Multidisciplinary (IJMI) Vol. 3 No. 3 (2026): International Journal Multidisciplinary (IJMI)
Publisher : Antis-Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijmi.v3i3.598

Abstract

Objective: This research aims to analyze the criminal liability of perpetrators of premeditated murder and to examine the implementation of Article 459 of the new Criminal Code in criminal justice practice. Method: The research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed using a descriptive qualitative method. Results: The findings indicate that criminal liability for perpetrators of premeditated murder is determined by the fulfillment of the elements of the criminal offense, the existence of intent, the offender's capacity to be held criminally responsible, and the absence of justifying or excusing grounds. The new Criminal Code retains the fundamental characteristics of premeditated murder while introducing reforms through a sentencing system that places greater emphasis on balancing legal certainty, justice, and the protection of human rights, including the regulation of capital punishment as a special form of punishment. Novelty: Therefore, the implementation of Article 459 of the new Criminal Code requires consistent legal interpretation and careful judicial consideration to ensure legal certainty and justice in the enforcement of criminal law.
Co-Authors Benny Hariyono Gusti Ngurah Made Yuliana Astawa Ni Luh Putu Anggi Saraswati Ni Made Rai Sukardi