Saraswati, Ni Luh Putu Anggi and Dwiyanti, Ida I Dewa Ayu and Hariyono, Benny (2026) JURIDICAL ANALYSIS OF THE POSITION OF THE PROSECUTOR'S OFFICE AS DOMINUS LITIS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM. Journal of Social Science, 3 (3). ISSN 3047-4647

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Abstract

Objective: This research aims to analyze the position of the Prosecutor’s Office as dominus litis and the obstacles encountered in prosecution practices, as well as to analyze the regulation of the position and authority of the Prosecutor’s Office as dominus litis based on positive law in Indonesia. Method: This research employs normative legal research using a statutory approach and a conceptual approach. The legal materials consist of primary, secondary, and tertiary legal materials obtained through library research. The legal materials are analyzed descriptively and qualitatively. Results: The results show that the position of the Prosecutor’s Office as dominus litis is manifested through its authority at the pre-prosecution and prosecution stages, including the examination of case files, provision of instructions to investigators, determination of case-file completeness, receipt of suspects and evidence, preparation of indictments, and submission of cases to the court. The regulation of the position and authority of the Prosecutor’s Office as dominus litis has a legal basis in the Law Number 11 of 2021 concerning the Prosecutor’s Office of the Republic of Indonesia and Law Number 20 of 2025 concerning the code of criminal procedure. Ambiguity of legal norms concerning the limits of authority and the binding force of instructions issued by public prosecutors has the potential to cause differences in interpretation in the process of handling criminal cases. Novelty: Strengthening regulations and coordination between investigators and public prosecutors is necessary to achieve legal certainty and optimize the position of the Prosecutor’s Office as dominus litis.

Item Type:	Article
Uncontrolled Keywords:	Prosecutor's office, Dominus litis, Prosecution, Criminal justice system
Subjects:	H Social Sciences
Depositing User:	admin eprints
Date Deposited:	03 Sep 2026 11:47
Last Modified:	03 Sep 2026 11:47
URI:	http://eprints.umsida.ac.id/id/eprint/17037

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