YURISDIKSI : Jurnal Wacana Hukum dan Sains
Vol. 22 No. 4 (2027): March in progress

Legal Vacuum In The Supervision of Court Judgment Enforcement By Public Prosecutors And The Formulation of Ius Constituendum In Indonesia

Bayu Aditya Nugroho (Faculty of Law, University of Brawijaya, Malang, Indonesia)
Nurini Aprilianda (Faculty of Law, University of Brawijaya, Malang, Indonesia)
Abdul Madjid (Faculty of Law, University of Brawijaya, Malang, Indonesia)



Article Info

Publish Date
17 Aug 2026

Abstract

This study examines the legal vacuum in the judicial supervision of criminal court judgment enforcement by public prosecutors and the formulation of ius constituendum in Indonesia. The problem arises because Indonesian criminal procedural law grants public prosecutors authority to execute final and binding criminal judgments but does not provide a clear mechanism for judicial supervision when execution is delayed or not carried out. This study aims to identify the factors causing the legal vacuum and formulate an ideal model of judicial supervision as ius constituendum. This study employs normative legal research using statutory, case, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through systematic and teleological interpretation. The analysis applies Gustav Radbruch’s Theory of Legal Certainty, Aristotle’s Theory of Justice, and the Theory of Judicial Power and checks and balances. The findings indicate that the legal vacuum results from the absence of judicial control mechanisms, limited authority of the Supervising and Observing Judge, the absence of an objection mechanism, and unclear time limits and legal accountability for public prosecutors. Comparative analysis of German criminal procedural law demonstrates the importance of judicial control during execution. Accordingly, this study proposes reformulating Article 270 of the Criminal Procedure Code and expanding the authority of the Supervising and Observing Judge to supervise execution from the time a judgment becomes final until completion. This model aims to strengthen legal certainty, accountability, and judicial authority while maintaining the public prosecutor’s authority to execute criminal judgments.

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Journal Info

Abbrev

yurisdiksi

Publisher

Subject

Health Professions Law, Crime, Criminology & Criminal Justice

Description

The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law ...