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All Journal Kosmik Hukum TATOHI: Jurnal Ilmu Hukum
Panggabean, Mompang Lycurgus
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Strengthening the Authority of the Public Prosecutor as Dominus Litis an Integrated and Accountable Indonesian Criminal Justice System Henok, Adrianus Herman; Panggabean, Mompang Lycurgus; Saragi, Paltiada
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.v26i1.26249

Abstract

In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.
Causation in Medical Malpractice: Evaluating Conditio Sine Qua Non, Adequate Causation, and Objective Imputation in Indonesian Court Decisions Muabuay, James Wilson; Panggabean, Mompang Lycurgus; Siregar, Rospita Adelina
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3730

Abstract

Introduction: This study examines the application of causation theories in medical malpractice cases, focusing on the complex intersection between medical uncertainty and legal certainty. Within the inherently multi-causal nature of clinical practice, establishing a definitive causal link between a physician's omission and a patient's death remains a significant judicial challenge in Indonesia.Purposes of the Research: This research aims to evaluate the consistency of judicial reasoning in applying causation theories through an in-depth analysis of the District Court of Denpasar Decision No. 126/Pid.Sus/2011/PN.Dps. Furthermore, it seeks to identify whether the court's approach aligns with modern normative attribution standards in criminal law.Methods of the Research: Employing a normative legal research method with statute, case, and conceptual approaches, the study compares conditio sine qua non, adequate causation, and objective imputation.Findings of the Research: Findings reveal a “methodological shift” in judicial reasoning, moving from rigid factual analysis towards elements of adequate causation and objective imputation. However, a critical flaw identified is the court's failure to distinguish between “inherent medical risks” and “negligent risks”. The novelty lies in exposing the inconsistent application of these theories, leading to legal unpredictability. The study concludes that Indonesian courts require a more robust normative framework, particularly the integration of objective imputation, to ensure criminal liability in medical malpractice is assessed based on professional standards, not just fatal outcomes.
The Legal Structure's Impact on Crime Reduction: Challenges and Opportunities M D, Sintong Hamonangan; Panggabean, Mompang Lycurgus; Siregar, Rospita Adelina
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3753

Abstract

Introduction: This paper analyzes the strategic role of legal structure in addressing crime as a social phenomenon that threatens public order and legal stability. Legal structure comprises legal norms and law enforcement institutions, including the police, prosecutors, courts, and correctional facilities, which collectively support crime prevention, law enforcement, and offender rehabilitation.Purposes of the Research: The research aims to examine the functions of legal structure in preventing, suppressing, and rehabilitating criminal conduct, as well as to identify institutional and societal challenges affecting the effectiveness of crime control.Methods of the Research: This study applies a normative juridical approach, using statutory and conceptual analysis to assess criminal law policies and the performance of the criminal justice system in crime prevention and control.Findings of the Research: The findings reveal that legal structure operates through three key stages: legislative formulation grounded in legality, proportionality, and humanism; judicial application requiring institutional coordination within the criminal justice system; and administrative execution focused on offender rehabilitation and reintegration. The study identifies internal obstacles such as corruption, limited institutional capacity, regulatory complexity, and bureaucratic inefficiency, alongside external challenges including low public legal awareness, unequal access to justice, and rapid technological change. The research proposes reforms to strengthen institutional integrity, enhance legal capacity and infrastructure, harmonize regulations, expand legal education and free legal aid, and promote restorative justice involving community participation. The originality of this study lies in its integrated, stage-based analysis of legal structure and its emphasis on institutional synergy and public engagement as essential elements for sustainable crime prevention and substantive justice.
Co-Authors Henok, Adrianus Herman M D, Sintong Hamonangan Muabuay, James Wilson Rospita Adelina Siregar Saragi, Paltiada