Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal of Creative Power and Ambition (JCPA)
Lucky Raspati
Universitas Andalas, Indonesia
Economics, Econometrics & Finance

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Legal Certainty in the Reconstruction of the Dominus Litis Principle Concerning Connectivity Cases in the Criminal Justice System Yudhi Harioga; Ismansyah Ismansyah; Lucky Raspati
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 02 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1998

Abstract

The criminal justice system is a law enforcement mechanism aimed at achieving legal certainty, justice, and the protection of human rights. This study aims to examine: (1) how the *dominus litis* principle should be reconstructed regarding the prosecutor's authority in koneksitas cases; and (2) the certainty of the prosecutor's authority as the Public Prosecutor in relation to Article 170 of the Criminal Procedure Code (KUHAP) within the context of koneksitas cases. This study employs a socio-legal (juridical-empirical) research method. The study concludes the following: (1) The dominus litis principle serves as the legal foundation for the authority of the Public Prosecution Service within the criminal justice system, positioning the Public Prosecutor as the authority responsible for determining the viability of referring a case to court based on valid evidence. Thus, the dominus litis principle ensures a fair, consistent, and accountable prosecution process, as reinforced by the KUHAP. (2) Prosecutors hold the position of case controllers (dominus litis), as affirmed in Article 18 paragraph (1) of Law Number 11 of 2021 concerning the Public Prosecution Service of the Republic of Indonesia, which designates the Attorney General as the supreme public prosecutor. However, the practice of handling koneksitas cases such as a murder case involving a prospective Indonesian Navy non-commissioned officer still reveals a separation of judicial proceedings between civilian and military perpetrators; this creates legal uncertainty and fails to reflect the optimal application of the dominus litis principle by prosecutors.
The Urgency of Regulating Illegally Obtained Evidence (the Exclusionary Rule) in the Indonesian Criminal Justice System: A Perspective on Harmonizing the New Criminal Code and Criminal Procedure Code Shanty Syafyuana Putri; Ismansyah Ismansyah; Lucky Raspati
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 02 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1999

Abstract

Criminal law enforcement aims to achieve legal certainty, justice, and the protection of human rights through the criminal justice system. However, the practice of using illegally obtained evidence such as evidence secured through torture, intimidation, or procedural violations persists, even though the Criminal Procedure Code (KUHAP) mandates that evidence be obtained lawfully. This study aims to foster the transformation of Indonesia’s criminal justice system into one that is modern, civilized, and dignified a system where the truth is sought not through illicit means, but through transparent and accountable processes. The study employs a normative juridical research method, analyzing the law as a system of norms. The findings lead to the following conclusions: (1) The regulation of "exclusionary rules" within Indonesia’s criminal evidentiary system fails to provide legal certainty regarding illegally obtained evidence. Consequently, a revision of the KUHAP is required to explicitly regulate the application of exclusionary rules, thereby ensuring legal certainty, justice, and the protection of human rights. (2) The exclusionary rule principle aims to bar the use of illegally obtained evidence in order to protect human rights and guarantee a fair trial. Therefore, explicitly incorporating the exclusionary rule into the KUHAP is an urgent necessity to ensure legal certainty, justice, the integrity of law enforcement, and the protection of human rights.
Co-Authors Ismansyah Ismansyah Shanty Syafyuana Putri Yudhi Harioga