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All Journal Focus Journal Law Review Justice Dialectical
Reda Manthovani
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Humanities Law, Crime, Criminology & Criminal Justice

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REPOSITIONING THE ROLE OF PUBLIC PROSECUTORS AS DOMINUS LITIS IN CORRUPTION CASES: AN ECONOMIC ANALYSIS OF LAW IN GOVERNMENT PROCUREMENT: Raden Nanda Setiawan; Reda Manthovani; Agus Surono; Andi Wahyu Wibisana
Focus Journal : Law Review Vol 5 No 2 (2025): Focus Journal Law Review Vol. 5 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i2.304

Abstract

This study aims to examine the urgency and potential of applying the Economic Analysis of Law Principle by the State Attorney of Indonesia in its capacity as Dominus Litis in handling corruption cases, in this case in the Government Procurement sector. This study aims to determine the policy related to the authority of the State Attorney as Dominus Litis in handling corruption cases in government procurement. This research is a normative legal study, as well as a case approach using illustrations of corruption cases related to government procurement of goods and services. This approach aims to build the author's legal argument through a review of cases related to the issues to be examined in this paper. Therefore, this research uses a descriptive approach in the form of prescriptive research. The results of this study are the existing conditions of the role of the Public Prosecutor as Dominus Litis to be applied in handling corruption cases in government procurement of goods and services, because the Public Prosecutor has been ineffective in considering the economic value of a prosecution policy. The repositioning of the role of the Public Prosecutor is necessary so that they do not only focus on formal and material evidence, but also consider the social and economic costs. The implications of the Economic Analysis of Law approach reveal that efforts to recover state losses and long-term prevention are more important than current criminalization.  
A Deconstruction of Corporate Responsibility in Criminal Law Reda Manthovani; Erni Mustikasari; Mukhlis; Naglaa Fathy El Dessouky
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.64

Abstract

The recognition of corporate crime as a form of criminal participation raises critical issues regarding the scope and classification of corporate criminal responsibility in Indonesia. Despite its significance, there is currently no rigid legal framework providing clear guidelines on this matter. This study aims to establish an ideal framework for corporate criminal liability by applying a taxonomic method to classify types of criminal participation. Employing a normative legal research design with a legislation-based approach, the study analyzes both primary and secondary legal materials through deductive reasoning. The findings highlight two main points. First, a legal deconstruction is necessary to comprehend corporate crime as an evolving form of criminal participation, taking into account traditional attribution methods, existing legal practices, and reforms proposed in the draft Indonesian Criminal Code. Second, two predominant models for understanding corporate liability emerge: one that considers corporate actors’ criminal participation as part of their organizational duties, and another that focuses on individual actors’ involvement within the corporate structure. The study concludes that a normative reconstruction and clear classification of corporate crimes are essential to provide legal certainty and uphold justice. This framework aims to provide clearer guidelines for attributing criminal liability in corporate contexts in Indonesia.
Co-Authors Agus Surono Andi Wahyu Wibisana Erni Mustikasari Mukhlis Naglaa Fathy El Dessouky Raden Nanda Setiawan