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Balancing Independence and Accountability: Reforming Prosecutorial Immunity in Indonesia’s Legal System Zuraidah zuraidah; Edi Setiadi; Neni Rohaeni; Noorfajri Ismail
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.27541

Abstract

This research examines the juridical implications of Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Indonesian Attorney General’s Office, which stipulates that any legal action against prosecutors such as summons, detention, search, and interrogation must be approved by the Attorney General. While the provision was originally intended to safeguard institutional independence, its application has raised serious concerns regarding the erosion of the equality before the law principle and the emergence of internal impunity mechanisms. Using a normative juridical approach combined with statutory, conceptual, and case study methods, this study analyses the extent to which Article 8(5) contradicts the principles of a democratic rule of law, particularly due process of law, equality before the law, and institutional accountability. Several high-profile case studies involving prosecutors such as Pinangki Sirna Malasari and Urip Tri Gunawan illustrate the operational obstacles and legal stagnation created by this hierarchical authorization requirement. The study finds that the provision creates structural barriers to justice and fosters unequal treatment under the law. Reformulating Article 8(5) into a notification mechanism rather than a permission system would ensure a more balanced relationship between institutional protection and legal accountability. Significantly, this research contributes to the development of legal thought on prosecutorial reform by offering a normative framework that strengthens equality before the law and provides policy recommendations for enhancing transparency and accountability within Indonesia’s prosecution system.
Juridical Review of the Annulment of Arbitral Awards by the District Court: A Case Study of Decision No. 167/Pdt.P/2000/PN.Jkt.Pst Meliala Nur Ervianti; Edi Setiadi; Dini Dewi Heniarti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6947

Abstract

one form of alternative dispute resolution that is final and binding. However, in practice, arbitral awards may still be annulled by the district court based on the provisions of Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This article provides a juridical analysis of the annulment of an arbitral award by the Central Jakarta District Court in case No. 167/Pdt.P/2000/PN.Jkt.Pst. This research employs a normative juridical method with a case study approach. The findings indicate that the annulment by the district court in this case did not fully comply with the annulment provisions stipulated in Article 70, and it potentially undermines the principles of finality and legal certainty in arbitration