Lhokseumawe — The revision of the Prosecutor's Law and the Criminal Procedure Code (KUHAP) has sparked both support and opposition within society, particularly regarding the implementation of Dominus Litis, which expands the prosecutor's authority in controlling or overseeing cases.
"Theoretically, the concept of Dominus Litis comes from Latin, meaning 'master of the case' or 'the party controlling the course of the case.' In the criminal justice system, this term refers to the authority responsible for determining whether a case proceeds to court," said Dr. Muhammad Hatta, S.H., LL.M, an academic and Senior Lecturer at Malikussaleh University, Lhokseumawe, Aceh, on Sunday, February 23, 2025.
Philosophically, he explained, this concept is rooted in the principle of ius puniendi, which is the state's right to punish individuals who violate the law. In this context, the prosecutor's office serves as the embodiment of state power in law enforcement, controlling case proceedings to achieve substantive justice (justitia substansialis).
However, case control authority is not solely in the hands of the prosecutor's office. Instead, there is a proportional division of powers (Functional Differentiation) with other law enforcement agencies, such as the police, who serve as investigators.
"The prosecutor already has significant authority, especially if they are given additional roles as investigators. Ideally, prosecutors and police investigators should be equal partners with clear and professional coordination. However, if prosecutors are to act as investigators, it should be limited to specific offenses and special crimes," Muhammad Hatta stated.
According to the criminal law expert, granting prosecutors investigative powers in general cases while relegating the police to a subordinate or supplementary role could potentially create friction between law enforcement institutions. This situation raises concerns about a repeat of past conflicts, akin to the infamous Cicak vs. Buaya (Gecko vs. Crocodile) controversy between the Indonesian National Police and the Corruption Eradication Commission (KPK).
The direction of criminal law policy in the revision of the Prosecutor's Law and KUHAP should aim to strengthen existing institutions by expanding their authority without diminishing the role of other law enforcement agencies.
The government should focus on reinforcing and clarifying the prosecutor's authority in several areas, such as implementing restorative justice, the juvenile criminal justice system (SPPA), deferred prosecution agreements (DPA) in corporate crimes, ensuring accountability and transparency of public prosecutors' performance, and establishing complaint and oversight mechanisms for prosecutorial actions.
Additionally, attention should be given to the opportunity principle (asas oportunitas), which grants prosecutors the power to freeze or discontinue cases (deponeer), yet remains underutilized.
"In reality, prosecutors already possess substantial authority in case management.
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