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The Prosecutor Law Review
Published by Kejaksaan Agung Republik Indonesia
ISSN : 29877342     EISSN : 29878314     DOI : https://doi.org/10.64843/prolev.v3i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus: The primary focus of The Prosecutor Law Review is to serve as a prominent forum for the exchange of legal scholarship and insights related to the field of prosecution and its ongoing evolution. Scope: The scope of The Prosecutor Law Review encompasses a wide range of subjects within the realm of prosecution and related legal areas. It welcomes scholarly contributions, research, and discussions pertaining to (but not limited to): Prosecutorial Practices: Analysis and critique of various aspects of prosecutorial practices, including investigation, trial strategy, evidence presentation, and sentencing. Legal Developments: Examination of recent legal developments, case law, and legislative changes affecting the role and responsibilities of prosecutors. Comparative Studies: Comparative studies of prosecutorial systems and practices in different jurisdictions, highlighting similarities, differences, and best practices. Ethical Considerations: Exploration of ethical dilemmas and issues faced by prosecutors, as well as discussions on professional conduct and accountability. Policy and Reform: Discussions on policy recommendations, reforms, and innovations aimed at improving the effectiveness and fairness of prosecution within the criminal justice system. Interdisciplinary Approaches: Integration of insights from related fields such as criminology, sociology, psychology, and political science to enhance the understanding of prosecution. International Perspectives: Insights into international prosecution, including discussions on international criminal law, the role of international tribunals, and transnational legal cooperation. Training and Education: Articles addressing the education and training of future prosecutors, as well as the development of prosecutorial curricula. Social Justice and Equity: Examination of how prosecution intersects with issues of social justice, equity, and access to justice, particularly for marginalized communities. Technological Advancements: Assessment of the impact of technology, digital evidence, and cybercrime on modern prosecution. The Prosecutor Law Review welcomes contributions from legal scholars, practitioners, policymakers, researchers, students, and anyone interested in advancing the discourse on prosecution and its broader implications for the legal landscape.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Penanganan Aset Kripto Sebagai Barang Bukti Dalam Perkara Pidana Muh. Ibnu Fajar; Desty Puspita Sari
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.31

Abstract

The increasing number of users and transactions of crypto assets every year has the potential to increase the modus operandi of criminal acts that use crypto assets, either as a tool to commit a criminal act (instrumental offense) or as a result of a criminal act (corpus delicten). Crypto assets are evidence that are very vulnerable, fluctuating in value, and easily changed and transferred. Therefore, handling must be done quickly and precisely. Handling of crypto assets must comply with the exclusionary of rule principle which requires obtaining evidence in ways that are based on law so that crypto assets become legal evidence (lawfully legal evidence) to be used in proving criminal cases. The prosecutor as case controller (dominus litis) has the responsibility to maintain the integrity of crypto assets as evidence and/or valid evidence, both at the stages of investigation, prosecution, examination at trial, and implementation of court decisions. In practice, there is no legal instrument that specifically regulates procedures for handling crypto assets in criminal cases, giving rise to different handling practices (disparities). Therefore, a common perception is needed regarding the handling of crypto assets as evidence in criminal cases.
Prosecutor’s Role in Prosecuting Cryptocurrency-Related Transnational Crimes Komalasari, Rita
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.48

Abstract

This study, titled Prosecutor’s Role in Prosecuting Cryptocurrency-Related Transnational Crimes, aims to comprehensively analyze the crucial role of informal cooperation in addressing the challenges posed by cryptocurrency assets in transnational cases. It provides insights into how informal cooperation mechanisms among international stakeholders are vital for prosecutors in managing the complexities of cryptocurrency-related investigations. The study finds that informal cooperation is indispensable for prosecutors, offering strengths such as agility, flexibility, and effective information exchange. It also identifies weaknesses like information asymmetry and coordination issues. The analysis underscores the importance of enhancing collaborative relationships among international stakeholders and offers recommendations for improving informal cooperation mechanisms to better support prosecutorial efforts.
The Konsep Ideal Penyitaan Dalam Sistem Peradilan Pidana Syam, Asmadi; Din, Mohd; Safliana, Devi
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.68

Abstract

The basic concept of confiscation still refers to Article 38 Paragraph (1) of the Criminal Procedure Code and can only be carried out by investigators. In its development, this concept is no longer relevant to maintain, because it is known that in handling cases many items/objects are found after the prosecution process, so for its validity an acquisition method is needed so that it can be considered in the judge's decision. This research aims to elaborate on the authority of confiscation at the prosecution process and its juridical impact as well as the ideal concept of confiscation. The research method used is normative legal research with secondary data consisting of primary, subsidiary and tertiary legal materials. The research results show that the authority of confiscation at the prosecution process is still contradicted each other with the formal legality of the Criminal Procedure Code. The ideal concept of confiscation must start from a change in the definition of confiscation, which is known as an action by law enforcement officials to take control of movable and immovable property, including electronic devices/electronic information systems for the purposes of proving a criminal act at every level of case handling, as well as the concept of confiscating collateral as in civil law. adopted as an effort to guarantee the return of state losses.
Pengawasan Kesehatan Yustisial dan Peran RS Adhyaksa dalam Mencegah Penyalahgunaan Alasan Medis di Sistem Hukum Indonesia Nurrakhmat, Adri
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.69

Abstract

The misuse of health reasons by suspects or defendants in Indonesia's judicial system poses a significant challenge to the effectiveness of law enforcement. This study aims to analyze the impact of such misuse and evaluate the role of RS Adhyaksa as a judicial medical institution in ensuring transparency and fairness in the legal system. The research employs a qualitative approach using literature review and Open Source Intelligence (OSINT) to collect data from legal sources, academic journals, and real case studies. The findings indicate that without strict intervention and regulation, the misuse of health claims is projected to increase significantly by 2045, leading to prolonged legal processes and decreased public trust in the judiciary. Conversely, strengthening RS Adhyaksa’s role in verifying detainee health claims can reduce medical manipulation, enhance legal effectiveness, and optimize state budget allocations. The study concludes that reinforcing regulations and implementing technology in the judicial health system are crucial steps to ensuring a fair and transparent legal framework for the future.
Perjanjian Kerja Sebagai Upaya P Perjanjian Kerja Sebagai Upaya Perlindungan serta Pemenuhan Hak-Hak Asasi Manusia untuk Pekerja Migran Indonesia: Perjanjian Kerja Sebagai Upaya Perlindungan serta Pemenuhan Hak-Hak Asasi Manusia untuk Pekerja Migran Indonesia Jatmiko, Ludfie Jatmiko Setyo Poerwoko; Andi Fariana
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.71

Abstract

Human rights are natural that have been attached to individuals since birth and given directly by God Almighty and as a gift, World Health Organization has the right to education, health rights, employment rights, and so on. As is known, the dense population of Indonesia, increasing competition, and narrow employment and income are not as expected in addition to the growing daily needs of living, encouraging people to prefer to work abroad commonly referred to as Indonesian Migrant Workers (PMI). This fact, in fact, is not balanced by the government's ability to provide jobs that are able to absorb them. The narrowness of employment in the country has caused the lower society to turn to wider and more economically promising job opportunities abroad. On the other hand, the state is the party that is obliged to guarantee economic rights. This right is a human right today. This article discusses the concept of Employment Agreements as an Effort to Protect and Fulfill Human Rights for Indonesia Migran Workers.
The Role of the Financial Services Authority (OJK) in Regulating and Supervising the Health Level of Banks : Peran Otoritas Jasa Keuangan (OJK) Dalam Mengatur dan Mengawasi Tingkat Kesehatan Bank Ningsih, Ayup Suran; Prasaja, Regina Celiadi; Maharani, Ferra Tiara; Puspa Wardhani, Harumsari
The Prosecutor Law Review Vol 3 No 2 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i2.47

Abstract

In carrying out its business activities, a bank must pay attention to various things considered necessary for the community and the institutions tasked with supervising them, namely maintaining their health. Unhealthy banks cannot carry out good operations and can revoke their business permits. Therefore, the health of a bank is considered very important because it is a driving factor for people to be able to entrust their funds to a bank that can guarantee the security and comfort of people who are customers of that bank. Apart from bank business, the OJK, as a supervisory institution, supervises and ensures that a bank is in a healthy condition and that the bank experiences minimal problems that could put it in a dangerous situation when carrying out its business. Bank obligations and the role of the OJK will be based on Law no. 4 of 2023, which amends Law no. 7 of 1992 and Law no. 10 of 1998 related to banking so that it can maximize the effectiveness of banks in carrying out their obligations to maintain the health of the bank as well as the role of the OJK in supervising and ensuring the health condition of the bank. The writing method that the author applies in writing this article is a normative juridical method, which will focus on implementing or implementing existing and applicable laws and regulations. The result that can be concluded is that we can assess the level of bank health by a series of obligations that the bank must submit to the OJK, as well as the OJK's role, which has been maximized in supervising and assisting banks to maintain health by standards.
PENERAPAN DOKTRIN JURIDISCHE/SYSTEMATISCHE SPECIALITEIT TERHADAP IRISAN ANTARA TINDAK PIDANA PENERIMAAN SUMBANGAN DANA KAMPANYE PEMILU DENGAN TINDAK PIDANA PENCUCIAN UANG Yanuar, Muh. Afdal
The Prosecutor Law Review Vol 3 No 2 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i2.51

Abstract

In reality, it is not uncommon for lex specialis derogat legi generali principle to be unable to resolve the problem of conflict between special norms and other special norms, inter alia, between the Article 339 paragraph (1) letter c of the Election Law provision and criminal acts provision in AML Law. This article aims to analyze the rationality of juridische/systematische specialiteit doctrine as an appropriate concept in analyzing these problems, as well as determining the provisions that should be applied in the intersection between criminal acts related to election campaign fund donations and money laundering crimes based on the juridische/systematische specialiteit doctrine. This research was using a normative research method with a conceptual and statutory approach. Through this article, it is concluded that juridische/systematische specialiteit doctrine is used as the right concept in analyzing conflicts between special norms and other special norms because this concept more clearly describes legal certainty in determining which special norms must be enforced, and in line with the 'basis for interpreting criminal norms' in interpreting a criminal law norm. Furthermore, based on the juridische/systematische specialiteit doctrine, the provisions in the AML Law, and not the provisions in the Election Law, should be the choice to be implemented in the event of 'laundering of proceeds' in the receipt of campaign funds.
Challenges and Prospects of the Deputy Attorney General for Military Criminal Affairs in the Handling of Military-Civilian Connectivity Cases Al Syifa Rachman
The Prosecutor Law Review Vol 3 No 2 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i2.73

Abstract

This study aims to analyze the execution of duties and authorities of the Deputy Attorney General for Military Criminal Affairs in handling koneksitas cases, with the objective of identifying the challenges encountered in its implementation and formulating future prospects for the Deputy Attorney General’s role. The research adopts a normative-empirical legal method, which is analyzed qualitatively and presented descriptively. The findings reveal that the Deputy Attorney General for Military Criminal Affairs has handled several koneksitas cases and contributed to the elimination of legal disparity. Nevertheless, certain issues remain concerning legal structure, substantive law, and legal culture. The future prospects for the Deputy Attorney General in handling koneksitas cases include ensuring proceedings that are simple, expeditious, and cost-effective, drafting technical guidelines, and fostering a unified understanding among law enforcement institutions.
Legal Analysis of the Prosecutor's Office Performance in Handling Mega Corruption Cases in Indonesia: Analisis Hukum Terhadap Kinerja Kejaksaan dalam Menangani Kasus-Kasus Mega Korupsi di Indonesia Rajagukguk, Meryana; Djoyosugito, M. Alirahman
The Prosecutor Law Review Vol 3 No 2 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i2.74

Abstract

The handling of mega corruption cases such as BLBI, Jiwasraya, and Asabri serves as a key indicator in measuring the effectiveness of the Attorney General's Office as a law enforcement institution. This study aims to analyze the role and performance of the Attorney General's Office in dealing with large-scale corruption cases and to identify the inhibiting factors that affect it. The research method used is normative juridical with a literature study approach, focusing on statutory regulations, court decisions, as well as relevant literature and scientific journals. The results show that although the Attorney General's Office possesses a strong legal basis and authority, various obstacles remain, such as limited human resources, weak inter-institutional coordination, and external pressures. The conclusion of this study indicates that the effectiveness of the Attorney General's Office in eradicating mega corruption requires institutional strengthening, system improvement, and increased integrity and professionalism among law enforcement officers.
The Emperor’s New Clothes, Kecurangan Akademik di Pemerintahan: Perspektif Teori Kritis Noor Azlin Tauchid, M.Krim
The Prosecutor Law Review Vol 3 No 2 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i2.75

Abstract

This paper examines the pervasive issue of academic dishonesty in Indonesia, focusing on its structural and cultural underpinnings rather than treating it as a mere matter of individual misconduct. Drawing on Critical Theory—particularly the perspectives of Michel Foucault, Antonio Gramsci, and Theodor Adorno—it situates practices such as plagiarism, data fabrication, ghostwriting, and the acquisition of fraudulent credentials within broader systems of power, hegemony, and instrumental rationality. Drawing inspiration from folktales The Emperor’s New Clothes, this writing analysis reveals how institutional pressures, bureaucratic performance metrics, credential fetishism, and the normalization of unethical practices create a regime of truth that paradoxically produces and legitimizes academic dishonesty. By framing these practices as systemic byproducts of governance structures rather than isolated violations, the paper underscores the need for transformative cultural and structural reforms. Such reforms must address the ideological and institutional frameworks that sustain academic misconduct, reconfigure incentive systems, and restore education’s role as a domain for ethical knowledge production, critical inquiry, and human emancipation.

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