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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-9 | Issue-12 | 430-439
Original Research Article
Challenges of State Attorney's Authority in Handling Civil and State Administrative Cases in Indonesia
Rollana Mumpuni, Sri Endah Wahyuningsih, Eko Soponyono, Anis Mashdurohatun
Published : Dec. 24, 2024
DOI : DOI: https://doi.org/10.36348/sjhss.2024.v09i12.005
Abstract
Prosecutors have an important role in law enforcement in society that has a strategic role and position, because they act as a filter in the investigation and examination process in court. The purpose of this study is to find and analyze the regulation of the authority of state attorneys in handling civil and state administrative cases today, to find and analyze the weaknesses of the regulation of the authority of state attorneys in handling civil and state administrative cases today, to find a reconstruction of the regulation of the authority of state attorneys in handling civil and state administrative cases based on the value of justice. The research method uses the constructivism paradigm, with a sociological legal approach method, and a descriptive research type. The types and sources of data use secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature, and qualitative analysis methods. The results of the study are: 1). The regulation of the authority of state attorneys in handling civil and State Administrative cases is not yet fair, namely in the current era, there will be many activities that involve the active role of the government, both legal entities and State Administrative officials, in relations with the community. It is not uncommon for the authority of the government to be disturbed so that efforts are needed to protect and uphold the authority of the government; 2). The weaknesses of the regulation of the authority of state attorneys in handling civil and State Administrative cases currently consist of weaknesses in the aspects of legal substance, legal structure and legal culture. The weakness of the legal substance aspect is the absence of a legal statue that specifically and firmly regulates state attorneys, considering that the authority of the Prosecutor as a State Attorney in the civil field is increasingly important. The weakness of the legal structure aspect is the lack of synergy that causes overlapping authority. The weakness of the legal culture aspect is that in the current technological era, crimes can be committed through technology/electronics.
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