Asas Lilitis Is Considered To Damage The Legal System In Indonesia

Photo Certificate: Illustration of the logo of the Prosecutor's Office and the Police.(Ist)

JAKARTA Criminal law expert, Rusdi Hasan assessed that the principle of dominus litis that has been attached and made prosecutors have a central role in the criminal justice system will damage the legal system in Indonesia.

He said, there are at least three reasons the principle of dominus litis could damage the legal system in Indonesia. First, the principle of dominus litis allows the imposition of the authority of the National Police as investigators in criminal justice systems in Indonesia.

"So that operational implementation will have implications for our criminal procedural law," said Rusdi in his statement, Sunday, February 9, 2025.

Second, the national legal consensus, the National Police has a more important jurisdiction in terms of investigations, so that the application of this principle can allow overlapping authority between law enforcement agencies, especially between the Prosecutor's Office and the Police.

Third, there is no follow-up to reports on the public about a legal incident, such as when a criminal act of corruption occurs. So there is already a separate mechanism regulated in the Chief of Police Regulation Number 14 of 2012, regarding investigative management so that in this matter there is no need for a 'takeover' action from the prosecutor's office.

Asas dominus litis does not contain aspects of a universal legal philosophy. For example, legal goals or fulfillment of the principle of legal justice. So, the simple conclusion is that this principle injures the basic principles of our criminal procedural law as well as has the potential to disrupt the jurisdiction of the police," explained Rusdi.