Skripsi

INDEPENDENSI KEJAKSAAN DALAM SISTEM KETATANEGARAAN INDONESIA

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The Attorney General’s Office of the Republic of Indonesia is a law enforcement institution that plays a strategic role within the criminal justice system, particularly in the exercise of prosecutorial authority. In constitutional practice, however, the Office has been recurrently exposed to various forms of intervention that may compromise the effective discharge of its functions. The central legal issue addressed in this dissertation concerns the inadequate guarantee of prosecutorial independence, stemming from the Attorney General’s Office ambiguous institutional position between the executive and judicial branches of goverment. This institutional ambiguity creates avenues for political influence to permeate the law enforcement process, thereby potentially undermining the rule of law and the principle of institutional independence. This dissertation aims to examine the placement of the Attorney General’s Office within Indonesia’s constitutional structure and to formulate and ideal legal framework to strengthen its independence. Employing a normative legal research methodology with statutory, conceptual, comparative, and futuristic approaches, the study finds a structural inconsistency in prosecutorial independence, manisfested in the dual role of the Attorney General as both the State Attorney and the Public Prosecutor. This functional dualism gives rise to potential conflicts of interest and pose a threat to the objectivity of law enforcement. Accordingly, this dissertation argues for the complete repositioning of the Attorney General’s Office within the judicial branch, accompanied by comprehensive regulatory reforms, including legislative amendments, in order ensure constitutionally entrenched and sustainable prosecutorial independence.

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Detail Information

Series Title

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Call Number

T1978672026

Publisher

Indralaya : Prodi Doktor Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 115 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

342.598 07

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

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Subject(s)

Hukum tata negara
Prodi Doktor Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

KA

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