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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 50 Documents
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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 Bahar Elfudllatsani; Lubis, Muhammad Ikhsan
The Prosecutor Law Review Vol 3 No 3 (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.v3i3.28

Abstract

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.
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 Deviyanti, Dita
The Prosecutor Law Review Vol 3 No 3 (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.v3i3.72

Abstract

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.
Peran Kejaksaan dalam Penegakan Hukum Pidana Illegal,Unreported,and Unregulated Fishing (Studi Kasus Konflik Maritim di Zona Ekonomi Eksklusif Indonesia) Sitirahmah, Noni; Putri dini, Mayla
The Prosecutor Law Review Vol 3 No 3 (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.v3i2.76

Abstract

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.
Akuntabilitas Pidana di Era Penyalahgunaan Kecerdasan Buatan ditinjau dari Asas Legalitas Ginting, Yuni
The Prosecutor Law Review Vol 3 No 3 (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.v3i3.78

Abstract

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.
Penguatan Fungsi Kesehatan Yustisial melalui Pembangunan RSU Adhyaksa Saragih , Yusnelvi
The Prosecutor Law Review Vol 3 No 3 (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.v3i3.80

Abstract

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.
Bahasa Inggris Bahasa Inggris: Bahasa Indonesia Fiesta, Santhalia Cindy
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

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Abstract

This study aims to analyze the implementation of the Civil and Administrative Affairs Division of the Attorney General’s Office of the Republic of Indonesia in providing civil legal assistance, identifying existing obstacles, and formulating optimization strategies to ensure effective public access to justice. The research employs a normative juridical method with statutory, conceptual, and case approaches. The findings reveal that although the legal foundation of the Civil and Administrative Affairs Division’s authority is strong, implementation still faces internal barriers such as the limited number of State Attorneys (JPN), lack of continuous training, and insufficient budget, as well as external barriers including low legal awareness and complex administrative procedures. Optimization efforts include institutional strengthening, professional capacity building, digitalization of legal services, and inter-agency coordination to realize inclusive and sustainable access to justice.
Peran Jaksa dalam Mutual Legal Assistant dalam Pengembalian Korban Human Trafficking di Kamboja Ramadhani, Setiawan; Nurrohman, Anisa Listiani; Nugroho, Hibnu; Rohmana, Nanda Yoga
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

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Abstract

The surge in online scam-based human trafficking cases in Cambodia affecting hundreds of Indonesian citizens calls for more efficient cross-border legal action. The urgency of this paper lies in analyzing the obstacles to coordination among prosecutors, such as differences in legal systems, complex bureaucracy, and limited access in foreign jurisdictions. Using a normative method with a case approach, this article evaluates the role of prosecutors in the Mutual Legal Assistance (MLA) mechanism to facilitate the repatriation and restitution of victims. The results show that the Attorney General's Office Bill strengthens the function of dominus litis and the executive authority of prosecutors in asset tracing and confiscation for victim compensation. In conclusion, strengthening the role of prosecutors as the central authority in MLA, supported by proactive legal diplomacy and digital technology, is crucial to overcoming structural barriers in Cambodia. This integration ensures that the restoration of victims' rights is carried out comprehensively in accordance with international standards.The surge in online scam-based human trafficking cases in Cambodia affecting hundreds of Indonesian citizens calls for more efficient cross-border legal action. The urgency of this paper lies in analyzing the obstacles to coordination among prosecutors, such as differences in legal systems, complex bureaucracy, and limited access in foreign jurisdictions. Using a normative method with a case approach, this article evaluates the role of prosecutors in the Mutual Legal Assistance (MLA) mechanism to facilitate the repatriation and restitution of victims. The results show that the Attorney General's Office Bill strengthens the function of dominus litis and the executive authority of prosecutors in asset tracing and confiscation for victim compensation. In conclusion, strengthening the role of prosecutors as the central authority in MLA, supported by proactive legal diplomacy and digital technology, is crucial to overcoming structural barriers in Cambodia. This integration ensures that the restoration of victims' rights is carried out comprehensively in accordance with international standards.
The Authority Of The Executive Officer As A Curator For The Management Of Confiscated Assets/Evidence In The Framework Of Restoring The Rights Of Criminal Acts Victims In The Form Of Restitution Radityo Wisnu Aji
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

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Abstract

The Public Prosecutor (Prosecutor), as an executive officer, holds constitutional authority to execute court decisions that have obtained permanent legal force. In practice, however, prosecutors frequently encounter juridical challenges when court rulings order the management, auction, and distribution of seized assets or evidentiary goods for the purpose of restoring victims’ rights, including compensation, restitution, and rehabilitation. These challenges arise primarily due to the absence of clear normative regulations governing the legal basis and procedural mechanisms for prosecutors to exercise such authority as executors. This issue becomes increasingly complex when judicial legal reasoning (legal finding) results in progressive decisions that are not supported by adequate implementing regulations. This article aims to analyze the ideal scope of prosecutorial authority as an executive officer in managing seized assets and to formulate an ideal model for asset administration and liquidation oriented toward the recovery of victims’ rights in criminal cases. The research employs a normative legal research method using statutory, conceptual, and case study approaches, particularly examining Decision of the Banjarmasin District Court Number 343/Pid.Sus/2022/PN.Bjm. The findings indicate a regulatory vacuum and normative disharmony between statutory laws, Supreme Court regulations, and internal prosecutorial guidelines, which hinder the effective restoration of victims’ rights. Therefore, strengthening prosecutorial authority in conducting asset tracing, execution seizure, and asset liquidation is necessary by adopting principles of bankruptcy trusteeship (curatorship), implemented in a proportional, transparent, and accountable manner. This model is expected to promote restorative justice, ensure legal certainty, and enhance legal utility for victims of criminal offenses.
The Legal Construction of Tax and Excise Crime Management: The Dilemma Between Fiscal Restoration via Administrative Fines and Money Laundering Enforcement Hasan, Fuad
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

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Abstract

Tax and excise revenues are strategic pillars of the Indonesian state budget (APBN) currently challenged by structured economic crimes. This research addresses the juridical dilemma between achieving fiscal restoration through administrative sanctions under the ultimum remedium principle and the repressive effectiveness of Money Laundering enforcement. Utilizing a qualitative doctrinal research method, the study analyzes the synchronization of policies in handling fiscal offenses. The research findings indicate that administrative sanction instruments often fail to capture the accumulation of illicit wealth or the appreciation of criminal proceeds that exceed the maximum fiscal fines. The study concludes that law enforcement policies in the Tax and Excise sectors must ensure optimal asset recovery efficiency. The application of Anti-Money Laundering measures is crucial to close procedural loopholes, preventing administrative sanction from being perceived merely as a cost of doing business, while firmly upholding the fundamental principle that crime doesn’t pay
The The Role of the ASEAN Prosecutors/Attorneys General Forum in Strengthening Cooperation in Prosecuting Transnational Crimes _septianingrum12, vina_ayu
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

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Abstract

Globalization has increased the intensity of transnational crimes involving more than one jurisdiction and poses serious challenges to national law enforcement systems. As a region with high mobility of people, goods, and capital, Southeast Asia is vulnerable to various forms of transnational crime, such as human trafficking, narcotics, money laundering, and cybercrime. This situation demands more effective coordination between prosecutorial institutions at the regional level. This study aims to analyze the role of the ASEAN Prosecutors/Attorneys General forum in strengthening cooperation in the prosecution of transnational crimes in the Southeast Asian region. The research method used is normative juridical with a legislative and conceptual approach. The results show that the APAG forum, which was inaugurated through the Sanur Bali Declaration 2025, is positioned as a sectoral ministerial body under the ASEAN Political and Security Community Council. The forum's strategic role includes its function as a forum for coordinating cross-jurisdictional prosecutions, facilitator of harmonizing understanding of MLA procedures, capacity building for prosecutors, and driving harmonization of criminal norms through soft law instruments. The presence of the APAG forum has proven crucial and effective in bridging differences in legal systems and reducing diplomatic bureaucracy without interfering with the sovereignty of each member state, in line with the ideals of the ASEAN Community Vision 2045.

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