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All Journal Advances In Social Humanities Research Asian Journal of Social and Humanities
Kristiawanto , Kristiawanto
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Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Dominus Litis Restorative Model: Reconstruction of the Role of the Prosecutor in Criminal Procedure Law Against Perpetrators with Mental and/or Intellectual Disabilities Dera, Alfa; Hasibuan, Fauzie Yusuf; Kristiawanto , Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 7 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i7.463

Abstract

This study aims to examine and formulate a restorative justice-based concept to strengthen the role of prosecutors as dominus litis in criminal procedure law concerning offenders with mental and/or intellectual disabilities (PMID). Despite Indonesia’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD), the current criminal procedure system remains formalistic and fails to provide equitable legal protection for vulnerable groups. Using a normative juridical method combined with doctrinal and comparative approaches, this study analyzes relevant laws, practices, and empirical data. Findings reveal that prosecutors currently act merely as procedural agents for court referral, with no legal discretion to divert or dismiss cases restoratively. The absence of judicial-health assessments and lack of interdisciplinary collaboration result in discriminatory prosecution of mentally disabled offenders. This research proposes a restorative dominus litis model, integrating prosecutorial discretion, forensic mental health assessments, and legal mechanisms for restorative case resolution. The model supports the reform of Indonesia’s criminal procedure law toward a more inclusive, humane, and rights-based justice system.
Reconstruction Of The Authority To Seize Evidence By Military Police Investigators In Corruption Crimes To Realize Legal Certainty Tambunan, Anton Maruli; Latif, Abdul; Kristiawanto , Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 7 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i7.464

Abstract

Seizure of evidence is one of the key instruments in the law enforcement process, including in corruption crimes involving members of the military. However, the authority of Military Police (PM) investigators in conducting seizures still faces various normative and procedural obstacles. This research aims to analyze the legal construction governing this authority and offer an ideal reconstruction model to ensure legal certainty. By using normative juridical methods and a multidimensional approach - namely legislative, historical, comparative, and conceptual approaches - this research reveals the existence of inconsistencies between the Military Justice Law, the KPK Law, and the Corruption Crime Law, which have implications for the uncertainty of the authority of PM investigators in corruption cases, especially in the context of military-civilian connectivity. This research offers a legal reconstruction that includes regulatory harmonization, the formation of a cross-agency connectivity team, standardized confiscation SOPs, and strengthening the supervision of the military court. The novelty of this research lies in the focus of specific studies on confiscation by PM investigators in corruption crimes and the development of applicable operational legal models. The contribution is significant for the development of military criminal law and law enforcement system reform within the TNI.
Reconstruction of Minor Criminal Case Settlement By The Prosecutor's Office Through Restorative Justice Syahroni, Teuku; Yusuf Hasibuan, Fauzie; Kristiawanto , Kristiawanto
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.531

Abstract

This study analyzes the implementation of restorative justice in handling minor crimes by the Prosecutor's Office and offers a policy reconstruction to enhance its effectiveness and achieve substantive justice within the criminal law system. Employing a normative juridical method, the research utilizes legislative, case, historical, comparative, and conceptual approaches. The analysis draws on theories of justice by John Rawls, Lawrence M. Friedman’s theory of the legal system, and Howard J. Zehr’s theory of restorative justice. The findings reveal that restorative justice is not yet optimally implemented due to disparities in regional policy execution, weak legal infrastructure, and a prevailing retributive mindset among officials and the public. As a solution, the study recommends the mandatory implementation of restorative justice for minor crimes meeting specific criteria, clarifying application standards, enhancing law enforcement training, establishing more restorative justice centers, and strengthening supervision and evaluation mechanisms. The novelty of this research lies in identifying multidimensional barriers, integrating a comprehensive theoretical framework, and proposing a more systematic policy reconstruction. With improved implementation, restorative justice can become a primary tool in resolving minor offenses, reducing overcrowding in correctional facilities, and fostering a more equitable, recovery-focused legal system.
Co-Authors Abdul Latif Dera, Alfa Hasibuan, Fauzie Yusuf Syahroni, Teuku Tambunan, Anton Maruli Yusuf Hasibuan, Fauzie