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
55 Documents
<![CDATA[Penuntutan Aset Digital: Penyitaan Aset Kripto ]]>
<![CDATA[Rita Komalasari]]>;
<![CDATA[cecep mustafa]]>
<![CDATA[ The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v4i2.67
<![CDATA[This study examines the role of cryptocurrency seizures in the prosecution of crypto-related crimes, focusing on the legal and procedural hurdles prosecutors face, as well as the broader implications for crime deterrence. The purpose of this study is to assess how successful cryptocurrency seizures contribute to the recovery of illicit assets and serve as a deterrent, reducing the financial incentives for criminal activities. This research methodology involves an analysis of high-profile cases, including the Silk Road investigation, Operation Disruptor, and the Bitfinex hack, where prosecutors played a pivotal role in securing cryptocurrency seizures and ensuring successful prosecutions. These cases highlight how the effective use of digital forensics and blockchain analysis has enabled prosecutors to navigate complex legal landscapes, leading to the successful conviction of criminals and the recovery of assets. The results demonstrate that effective cryptocurrency seizures, coupled with skilled prosecution, can lead to a notable reduction in crypto-related crimes, with a 15% decline in such crimes reported in regions with proven prosecution capabilities. Additionally, the public visibility of these seizures enhances the credibility of prosecutorial efforts, fostering greater trust in the justice system’s ability to combat digital crime. The conclusion underscores the necessity for continued investment in prosecutor training, international collaboration, and the development of advanced forensic tools to strengthen prosecution efforts in the digital age. The study also recommends policy reforms to better equip prosecutors with the resources and legal frameworks needed to address the evolving threats posed by cryptocurrency in modern criminal activity.]]>
<![CDATA[Kewenangan Jaksa dalam Penegakan Tindak Pidana Pencucian Uang pada Perkara Ekonomi Strategis ]]>
<![CDATA[Junika Gabriella]]>
<![CDATA[ The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v4i2.91
<![CDATA[Abstract Money laundering in strategic economic crimes requires a law enforcement approach that goes beyond punitive sanctions and prioritizes asset recovery to restore state financial losses. This study examines the evidentiary construction of money laundering offenses in the commodity trading case involving PT Timah Tbk. and evaluates the effectiveness of an asset recovery–oriented approach in recent law enforcement practices. The research applies a normative legal method through statutory and case approaches, supported by library research as the primary data collection technique. The analysis highlights the expansion of admissible evidence, including the recognition of electronic evidence under the Indonesian Criminal Procedure Code (KUHAP) and the Law on Electronic Information and Transactions (Indonesia), as well as prosecutorial authority under Law Number 11 of 2021 on the Prosecutor’s Office of the Republic of Indonesia. The findings indicate that incorporating money laundering charges into indictments broadens the evidentiary scope to include placement, layering, and integration stages, thereby enabling broader asset tracing and control. However, the disparity between state losses and assets successfully recovered demonstrates that the effectiveness of asset recovery remains structurally limited in achieving proportional and sustainable economic restitution. Keywords: money laundering; asset recovery; prosecutorial authority; strategic economic crimes; evidentiary construction.]]>
<![CDATA[Optimalisasi Peran Jaksa dalam Pemulihan Kerugian Negara melalui Reformulasi Uang Pengganti Korupsi Berbasis Time Value of Money ]]>
<![CDATA[Muhammad Arimurti]]>
<![CDATA[ The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v4i2.93
<![CDATA[Substitute money (uang pengganti) as an instrument for recovering state financial losses in corruption crimes has long been calculated based solely on the nominal value of losses (historical cost), without considering monetary erosion over time between the commission of the offense and prosecution, resulting in suboptimal state financial recovery. This study aims to examine the relevance of Time Value of Money (TVM) in ensuring effective state financial loss recovery and to construct the prosecutor’s role in reformulating substitute money calculations based on TVM through the indictment. A juridical normative method with descriptive analytical specification was employed, with data collected through literature study and analyzed qualitatively. The study finds that TVM is relevant as a real-value correction instrument using the formula FV = PV × (1+r)ⁿ based on the average BI Rate, and that prosecutors, as dominus litis, possess both the legal authority and obligation to reformulate substitute money calculations based on TVM in the requisitoir to achieve effective and just state financial loss recovery.]]>
<![CDATA[Regulatory Reform and Digital Integration of Case Handling Budgets Towards an Effective and Transparent Prosecutor's Office: Reformasi Regulasi Dan Integrasi Digital Anggaran Penanganan Perkara Menuju Kejaksaan Yang Efektif Dan Transparan ]]>
<![CDATA[Leily Febyanti]]>
<![CDATA[ The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v4i2.95
<![CDATA[This article is motivated by the increasing number and complexity of criminal cases within the Indonesian Prosecutor's Office (Kejaksaan RI), which have not been fully supported by a performance-based budgeting system. Current budgeting practices remain input-oriented and focused on budget absorption, resulting in imbalances between case workloads, resolution quality, and cost standard adequacy. This condition contributes to potential case backlogs, performance disparities among regional offices, and public accountability challenges. This study aims to formulate a performance-based budgeting policy framework adaptive to case complexity. The methodology applies a Fishbone Diagram to identify root causes, USG analysis to determine the primary problem statement, and Dunn's policy evaluation framework to assess policy alternatives. Findings indicate that regulatory constraints and input-based budgeting constitute the core problem (highest USG score = 15). The selected policy recommendation is the transformation of the case-handling budgeting system into an integrated digital Performance-Based Budgeting model through regulatory reform, Case Management System integration, and organizational capacity strengthening (Dunn score = 30).]]>
<![CDATA[Prosecutor as Legal Attaché: Normative Reconstruction of the Authority of the Functional Position of Prosecutor in Diplomatic Functions at Indonesian Diplomatic Missions ]]>
<![CDATA[Johannes Ronald Elyeser Roparulian Hutagalung]]>;
<![CDATA[Redo Arliansyah]]>;
<![CDATA[Shanty Sofiarli Sagala]]>
<![CDATA[ The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung ]]>
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DOI: 10.64843/prolev.v4i2.99
<![CDATA[Prosecutors assigned to Indonesian diplomatic missions abroad, in practice, perform functions that the Minister of Foreign Affairs Regulation Number 6 of 2024 categorizes as exclusive duties of the Diplomat Functional Position, namely protecting Indonesian citizens, reporting local legal conditions, and promoting inter-state legal cooperation. This normative legal research examines the absence of adequate legal foundation in applicable Prosecutorial regulations for prosecutors performing such functions, notwithstanding that both the Diplomat and Prosecutor positions belong to the same functional-position category under the 2023 State Civil Apparatus Law. No applicable Prosecutorial regulation explicitly recognizes such authority on behalf of the institution. Normative reconstruction requires two complementary tracks: in the short term, adding explicit authority clauses to applicable Prosecutorial organizational regulations; and in the medium term, enacting a single unified Prosecutorial Regulation for all overseas posting locations, encompassing definitions of diplomatic functions, coordination mechanisms with diplomatic mission heads, and a functional credit-point conversion mechanism.]]>
