Regulation of the Prosecutor's Authority in Recovering State Financial Losses Through Civil Suits Based on Legal Certainty

Abstract

This research is motivated by the persistently high level of state financial losses due to abuse of authority, negligence, and corruption, which cannot all be recovered through criminal channels. In this context, the Attorney General's Office (AGO) has strategic authority through civil lawsuits to represent the state in recovering assets and optimally recovering state losses. This research aims to analyze the regulations governing the AGO's authority, identify emerging obstacles, and formulate a legal certainty-based strategy to optimize the recovery of state losses through civil lawsuits. This study uses a normative juridical legal research method, namely research that examines primary, secondary, and tertiary legal materials through a statute approach, a conceptual approach, and a case approach. The analysis was conducted on regulations governing the authority of the Prosecutor's Office, such as the Prosecutor's Office Law, the State Treasury Law, the Corruption Law, the Attorney General's Regulations, and various court decisions related to state civil lawsuits. Data were obtained through a literature review and analyzed qualitatively to assess the suitability between applicable norms and the practice of recovering state losses. The research results show that the regulations regarding the Attorney General's authority in civil lawsuits are quite clear, but there are shortcomings in the execution of decisions, asset tracking, and inter-agency coordination. Technical obstacles such as a lack of documentation, the complexity of evidence, and limited human resources at the Attorney General's Office (JPN) are significant obstacles. Optimizing the recovery of state losses requires strengthening regulations, increasing the capacity of State Attorneys and Attorneys, digitizing the asset tracking system, and establishing a legal certainty-based asset recovery unit to ensure the civil lawsuit process runs effectively and provides adequate legal protection.