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Application of the Dominus litis Principle in Enforcement of Administrative Law as a Military Prosecutor in order to Achieve Legal Certainty in Settlement of Cases in the Military Judiciary Environment

Author

Listed:
  • Endro Nurwantoko

    (Doctorate of Law Science Study Program, Faculty of Law Science, Univesitas Islam Bandung)

  • Jebii Mary Chemagosi (PhD)

    (Doctorate of Law Science Study Program, Faculty of Law Science, Univesitas Islam Bandung)

  • Lusweti Sellah (PhD)

    (Doctorate of Law Science Study Program, Faculty of Law Science, Univesitas Islam Bandung)

Abstract

Military prosecutors are functional officials within the Indonesian National Armed Forces who are given authority in the process of prosecution and investigation on behalf of the public, government and the state in an effort to achieve legal certainty. However, it is not uncommon to find military prosecutors who face legal problems with Case Submitting Officers (Papera). The purpose of this study is to analyze the existence of military prosecutors in the military justice system in Indonesia, and to identify the capacity of the dominus litis principle in realizing the independence and professionalism of military prosecutors. The method used in this study is a normative method through literature analysis on secondary data in the form of legal materials. The approach used is a historical, statutory, and conceptual approach, which is outlined through descriptive analysis. The results of this study indicate that; (1) efforts are needed to strengthen the existence of the prosecutor as the owner of the dominus litis principle in carrying out prosecutions within the military court environment; and (2) the principle of dominus litis strengthens the professionalism and independence of military prosecutors in the prosecution process, so as to produce optimal legal certainty.

Suggested Citation

  • Endro Nurwantoko & Jebii Mary Chemagosi (PhD) & Lusweti Sellah (PhD), 2023. "Application of the Dominus litis Principle in Enforcement of Administrative Law as a Military Prosecutor in order to Achieve Legal Certainty in Settlement of Cases in the Military Judiciary Environment," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 7(4), pages 987-993, April.
  • Handle: RePEc:bcp:journl:v:7:y:2023:i:4:p:987-993
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