| Deskripsi / Ringkasan |
The principle of dominus litis establishes the Prosecutor’s Office as the authority responsible for controlling the prosecution process in criminal cases. However, in Indonesian criminal justice practice, the role of the Public Prosecutor (Jaksa Penuntut Umum/JPU) is subject to limitations, as stipulated in Article 62 paragraph (5) of Law Number 20 of 2025 concerning the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). This normative legal research analyzes the causes and implications of the shift or limitation of the dominus litis principle and formulates directions for its legal reconstruction. Employing statutory, conceptual, and comparative approaches, this study examines primary legal materials, including the 2025 KUHAP and the Law on the Prosecutor’s Office, as well as secondary legal materials such as academic literature and judicial decisions. The results indicate a reduction in the Public Prosecutor’s ability to control the completion of the investigation process before the case is formally transferred for prosecution, rather than a loss of the Public Prosecutor’s authority to determine whether the case should proceed. The findings therefore show that, although the Prosecutor’s Office retains ultimate authority over the continuation of prosecution, its capacity to ensure the completeness of the investigation before assuming control of the case has been significantly constrained |
