The Prosecutor's Authority as "Dominus Litis" in the Draft Criminal Procedure Code in Indonesia

Abstract

The Indonesian criminal justice system consists of four pillars of law enforcement: the National Police (Polri), Prosecutors, Judges, and Legal Counsel. All four share the common goal of achieving justice, benefit, and legal certainty. Each of these pillars, including the Prosecutor as public prosecutor, is expected to carry out its duties and authorities with high professionalism and integrity. He highlighted the problem of overload or overcapacity of prisoners in detention centers and correctional facilities, which is increasing along with the increase in criminal cases. This is influenced by developments in science and technology, changes in social situations, and shifts in human mindsets. He also highlighted the importance of the Prosecutor's role in anticipating new types of crimes such as legal crimes, factual crimes, and undetected crimes, which arise due to changing times and human intelligence. In practice, Prosecutors are often in a tight position with Legal Counsel and the Panel of Judges, although not all criminal cases face this situation. He noted that dissenting opinions from the Public Prosecutor's team during the legal process are unheard of. To strengthen the performance of Prosecutors, there must be closer collaboration between Polri/PPNS investigators and Public Prosecutors, as regulated in the Draft Criminal Procedure Code.