Journal of State Democracy
Vol. 2 No. 1 (2026): Journal of State Democracy

Historical Analysis of Prosecutors' Economic Crime Investigative Powers: Law 7/1955 to KUHAP 2026

Febrian Rizky Akbar (Universitas Pembangunan Nasional "Veteran" Jakarta, Indonesia)
Dhikma Mahardika (Universitas Pembangunan Nasional "Veteran" Jakarta, Indonesia)
Muhammad Sidiq Alfatoni (Universitas Pembangunan Nasional "Veteran" Jakarta, Indonesia)



Article Info

Publish Date
30 Sep 2026

Abstract

Contemporary economic crime enforcement in Indonesia experiences acute institutional gridlock and a profound literature gap regarding the historical legitimacy of prosecutorial investigative authority during procedural transitions. Previous studies focused pragmatically on forensic adaptations without dissecting the roots of jurisdictional overlaps inherited from emergency regulations. This research analyzed the historical trajectory and continuity of investigative authority from past emergency instruments to the latest criminal procedure codification using a historical institutionalism approach. Results confirmed that modern legal transitions neither entirely abolished specific prosecutorial investigative mandates nor restored their absolute historical monopoly. The new codification established conditional continuity designs, where the legitimacy of prosecutorial intervention absolutely depends on proving sectoral offenses and complying with equal institutional coordination mechanisms. Without implementing a four stage jurisdictional testing framework, this theoretical authority remains paralyzed against algorithmic crimes. These findings offer novel institutional frameworks to mitigate rivalries, providing strategic implications for consolidating judicial supremacy within international governance.

Copyrights © 2026






Journal Info

Abbrev

JSD

Publisher

Subject

Social Sciences

Description

Journal of State Democracy (JSD) published triannually in January, May, and September, stands as a preeminent international scholarly venue dedicated to rigorous academic inquiry into the mechanisms, performance, and theoretical foundations of democratic governance and state institutions within the ...