The Prosecutor Law Review
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.
Articles
45 Documents
<![CDATA[Peranan Kejaksaan Menangani Perkara Tindak Pidana Bidang Perlindungan dan Pengelolaan Lingkungan Hidup: The Role of the Prosecutor's Office in Handling Criminal Cases in the Field of Environmental Protection and Management ]]>
<![CDATA[Bahar Elfudllatsani]]>;
<![CDATA[Lubis, Muhammad Ikhsan]]>
<![CDATA[ The Prosecutor Law Review Vol 3 No 3 (2025): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v3i3.28
<![CDATA[The development of attention and awareness of the world community is influenced by the development of science related to the impacts and serious threats that arise for human health and the environment. The new paradigm is that environmental destruction is considered a form of human rights violation. Human rights are not only about protecting "humans", but also protecting the environment as an integral part of fulfilling human rights. In ensuring the fulfillment of human rights related to the environment, it is getting stronger after the precautionary principle is concretized with the enactment of Law Number 32 of 2009. The statutory and conceptual approach method relates to the role of the prosecutor's office in handling environmental protection and management cases, the right to a good and healthy environment and court decisions. Normatively, guidelines for public prosecutors and prosecutors in handling cases in the field of environmental protection and management in UUPPLH are accommodated. In general, the authority is divided into preventive and repressive aspects. Institutionally, the Attorney General's Office is part of the executive domain, so that its authority to act in the fields of civil and state administration is the implementation of government policy.]]>
<![CDATA[Konsep Asas Legalitas Terhadap Pengaturan Living Law dalam Pembaharuan Kitab Undang-Undang Hukum Pidana Terkait Fungsi Penuntutan oleh Kejaksaan Republik Indonesia pada Sistem Peradilan Pidana ]]>
<![CDATA[Deviyanti, Dita]]>
<![CDATA[ The Prosecutor Law Review Vol 3 No 3 (2025): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v3i3.72
<![CDATA[The integration of living law in society within the concept of the principle of legality, which has been a fundamental principle for the prosecution in carrying out its prosecution function, is feared to become a "threat" that hinders the enforcement of criminal law. The contradiction between the principle of legality and living law in relation to the prosecution function by the Prosecutor's Office is the main focus of this research. The research method used in this study is normative legal research. The result of the research is that the principle of legality is one of the fundamental principles in the implementation of prosecution by the Prosecutor's Office. This principle provides clear guidance to the prosecution in carrying out its prosecution function, specifically the authority of the prosecution in drafting indictments that should be based on the formulation of provisions in the laws violated by the defendant. The indictment must be precise, clear, and complete and in accordance with the elements of the crime regulated in the law. However, in relation to the implementation of living law based on Article 2 paragraph (1), prosecution by the Prosecutor's Office should carefully consider the living law in society, because some customary laws still play a central role in resolving disputes and the need for technical rules to avoid errors in the application of living law for all law enforcement elements, including the prosecution.]]>
<![CDATA[Peran Kejaksaan dalam Penegakan Hukum Pidana Illegal,Unreported,and Unregulated Fishing (Studi Kasus Konflik Maritim di Zona Ekonomi Eksklusif Indonesia) ]]>
<![CDATA[Sitirahmah, Noni]]>;
<![CDATA[Putri dini, Mayla]]>
<![CDATA[ The Prosecutor Law Review Vol 3 No 3 (2025): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v3i2.76
<![CDATA[This study examines legal and sovereignty issues arising from the practice of Illegal, Unreported, and Unregulated (IUU) Fishing in Indonesia’s Exclusive Economic Zone (ZEE). Such activities pose serious challenges to Indonesia’s sovereignty and maritime law enforcement. The main problems lie in weak inter-agency coordination and the limited academic focus on the role of the Prosecutor’s Office. Using a qualitative method with a juridical-normative approach, this research analyzes national and international legal documents, as well as case studies of the 2020 North Natuna Sea incident and the 2022 arrest of Vietnamese vessels. The findings reveal overlapping authority among the Indonesian Navy, the National Police, the Ministry of Marine Affairs and Fisheries, the Maritime Security Agency (Bakamla), and the Prosecutor’s Office, undermining law enforcement effectiveness. The study recommends institutional reform, integrated protocols, and capacity building for public prosecutors in maritime affairs.]]>
<![CDATA[Akuntabilitas Pidana di Era Penyalahgunaan Kecerdasan Buatan ditinjau dari Asas Legalitas ]]>
<![CDATA[Ginting, Yuni]]>
<![CDATA[ The Prosecutor Law Review Vol 3 No 3 (2025): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v3i3.78
<![CDATA[The development of artificial intelligence (AI) presents new challenges in criminal law, especially in determining the subject responsible for actions arising from autonomous systems. The phenomenon of AI misuse raises issues regarding the application of the principle of legality, which demands clarity on the perpetrator, the act, and the sanction. This research aims to examine how the principle of legality can address the problem of criminal accountability in the digital era. The method used is normative juridical with a statutory and conceptual approach, through analysis of national regulations and international legal principles related to criminal responsibility. The results show that the principle of legality remains relevant but requires reinterpretation so that it can cover acts mediated by technology. It is concluded that strengthening legal norms and responsibility based on human control is necessary to maintain legal certainty and prevent a vacuum of accountability in the age of artificial intelligence.]]>
<![CDATA[Penguatan Fungsi Kesehatan Yustisial melalui Pembangunan RSU Adhyaksa ]]>
<![CDATA[Saragih , Yusnelvi]]>
<![CDATA[ The Prosecutor Law Review Vol 3 No 3 (2025): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v3i3.80
<![CDATA[The rise in narcotics cases, overcrowding in correctional institutions, and the limited availability of judicial health services necessitate healthcare facilities that support the law enforcement process quickly, objectively, and accountably. The urgency of this paper arises from the need to strengthen the judicial health function of the Prosecutor's Office through the construction of Adhyaksa General Hospital (RSU Adhyaksa) as a facility that can provide assessment, rehabilitation, clinical forensics, and medical care to parties proven to be in conflict with the law. This study uses a policy analysis method, comparing three policy options: the status quo, collaboration with external hospitals, and the construction of a hospital managed directly by the Prosecutor's Office. The results show that the third option has the highest legal effectiveness, is strictly regulated, and has significant potential to contribute to recovery and reduce overcrowding. This study concludes that Adhyaksa General Hospital is a strategic instrument in realizing humane, transparent, and corruption-free law enforcement, in accordance with the direction of national criminal justice system reform.]]>
