Measuring Opportunities and Challenges of Dominus Litis in Criminal Justice System

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Discussion on Dominus Litis at FH UNAIR
Deputy Attorney General of Indonesia, Dr. Arminsyah, S.H., M.Si, at FH UNAIR's talk show. (Photo: By courtesy)

UNAIR NEWS – In the commemoration of 66th Legal Higher Education Day in Surabaya, Faculty of Law (FH) UNAIR held a talk show, “Dominus Litis in Criminal Justice System: Opportunities and Challenges” on Saturday, Feb 16. The event held at Budi Soesetya Hall, Faculty of Law, presented Deputy Attorney General of Indonesia, Dr. Arminsyah, S.H., M.Si, as the keynote speaker.

There was also UNAIR Faculty of Law professor, Prof. Dr. Nur Basuki Minarno, S.H., M. Hum, Deputy Attorney General for Supervision, M. Yusni, S.H., M.H., Senior Advocate and Deputy of IKA FH UNAIR, Dr. Soehar Hadi Konstanto, S.H., M.H., and Director of Attorney General for Terrorism Act, Sugeng Pudjianto, S.H., M.H., as speakers.

Questioning the opportunities and challenges of Prosecutor’s dominus litis, Dr. Arminsyah said that there is a shift on dominus litis doctrine in the integrated justice system in Indonesia.

“Normatively and practically there has been a shift in the dominus litis doctrine, prosecutors as rulers, controlling cases in an integrated criminal justice system. The shift in the doctrine is an opportunity and challenge in the drafting of Indonesian Criminal Procedure Code (KUHAP) in the future,” explained the alumnus of UNAIR Faculty of Law.

He further explained, Attorney General’s Office of Indonesia is a government institution that carries out state power in the field of prosecution and other authorities based on the law as well as controlling the case process (dominus litis). The Attorney General’s Office has a central position in the law enforcement process and is the only institution that can determine whether a case can be submitted to the Court based on legal evidence based on Criminal Procedure Code (HAP).

According to him, strengthening the dominus litis doctrine in criminal justice system of Indonesia is an attempt to synchronize structurally, substantially and culturally with the implementation of integrated criminal justice system.

“Whereas as a challenge, change definitely require sacrifice and right attitude from the stakeholders in the integrated criminal justice system in Indonesia,” he added.

After the talk show session, the event continued with an alumni gathering to select the next chairperson of IKA FH UNAIR, replacing Dr. Akmal Budianto, SH, MH as previous Chairman of IKA FH.

Author: Zanna Afia Deswari

Editor: Nuri Hermawan


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