CD Skripsi
Perbandingan Kewenangan Komisi Kejaksaan Republik Indonesia Dengan United States Department Of Justice Office Of The Inspector General Dalam Perspektif Ketatanegaraan
The Prosecution Commission of the Republic of Indonesia was established based on Article 38 of Law Number 16 of 2004 concerning the Prosecution Service and further regulated in Presidential Regulation Number 18 of 2011 to improve the quality of the Prosecution Service's performance. However, in its implementation, this institution faces various obstacles due to limited authority leading to suboptimal oversight. These limitations are evident in its merely recommendatory powers, dependence on public reports, weak legal basis which is only regulated by Presidential Regulation, and the absence of mechanisms ensuring the follow-up of recommendations issued by the Prosecution Commission.
This research aims to analyze the comparison of authority between Indonesia's Prosecution Commission and the United States Department of Justice Office of the Inspector General, and to formulate an ideal concept of authority for the Prosecution Commission from a constitutional perspective. This research employs normative legal research methods with a comparative law approach, utilizing secondary data consisting of primary, secondary, and tertiary legal materials. Data collection was conducted through library research by examining various literature, legislation, scientific works, and other sources related to the research object. Data analysis was performed qualitatively using deductive reasoning methods.
The results show that United States Department of Justice Office of the Inspector General has broader oversight authority, including independent investigative powers, and mandatory periodic reporting to Congress. Meanwhile, Indonesia's Prosecution Commission has limited and passive authority that can only act based on public reports. Based on this comparison, strengthening the Commission's position through revision of the Prosecution Law is necessary by adding a special chapter that comprehensively regulates the position, duties, functions, and authority of the Prosecution Commission. This revision must include expansion of independent investigative authority, and annually reporting mechanisms to the House of Representatives to enhance the effectiveness of oversight over the Prosecution Service.
Keywords: Prosecution Commission, external oversight, authority comparis
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