Jurnal Ilmiah Peuradeun
Vol. 14 No. 2 (2026): Jurnal Ilmiah Peuradeun

Aligning Prosecutorial Responsibility and Authority: Strengthening the Dominus Litis Principle in Indonesia

Mayhardy Indra Putra (Faculty of Law, Syiah Kuala University, Banda Aceh, Indonesia)
Adwani Adwani (Faculty of Law, Syiah Kuala University, Banda Aceh, Indonesia)
Riza Nizarli (Faculty of Law, Syiah Kuala University, Banda Aceh, Indonesia)
Joelman Subsidi (Faculty of Law, Malikussaleh University, Aceh, Indonesia)



Article Info

Publish Date
30 May 2026

Abstract

Despite the formal recognition of the dominus litis principle, weak prosecutorial control over investigations continues to undermine legal certainty in Indonesia’s criminal justice system. Existing studies largely focus on prosecutorial discretion and restorative justice, leaving the relationship between prosecutorial responsibility, authority, and investigative accountability underexplored. This study examines the juridical implications of limited supplementary investigation authority and its consequences for the effective implementation of the dominus litis principle. Employing a normative juridical approach, the study analyzes statutory regulations, legal doctrines, judicial interpretations, and relevant scholarly literature concerning prosecutorial authority and criminal justice governance. The findings indicate that the ineffective implementation of dominus litis originates from a structural misalignment between prosecutorial responsibility and authority, reinforced by normative weaknesses in Articles 109 and 110 of the Indonesian Criminal Procedure Code (KUHAP). By advancing a responsibility–authority alignment perspective, this study reframes supplementary investigation authority as an institutional mechanism for strengthening accountability, legal certainty, and effective criminal justice governance.

Copyrights © 2026






Journal Info

Abbrev

jipeuradeun

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmiah Peuradeun (JIP), the International Journal of Social Sciences, is a leading peer-reviewed and open-access journal, which publishes scholarly work, and specializes in the Social Sciences, consolidates fundamental and applied research activities with a very wide-ranging coverage. This ...