KEWENANGAN JAKSA PENUNTUT UMUM SEBAGAI PENGENDALI PERKARA (DOMINUS LITIS) TAHAP PRA-PENUNTUTAN : PERBANDINGAN INDONESIA DAN KOREA SELATAN.

Abstract

This study is motivated by the differences in the status and authority of prosecutors as case controllers during the pre-trial stage between Indonesia and South Korea. The objective of this study is to analyze a comparison of the role of prosecutors as case controllers (dominus litis) and its implications for the enforcement of criminal law. The method employed is normative legal research using a legislative, conceptual, and comparative approach, analyzed descriptive perscriptive based on primary, secondary, and tertiary legal sources. 

The results indicate that in the Indonesian system, the prosecutor’s position is not yet fully dominant as it remains constrained by the principle of functional differentiation, resulting in a role that tends to be reactive. Conversely, in the South Korean system, prosecutors possess broad authority from the investigation stage through prosecution, making them more effective in managing cases. The conclusion of this study emphasizes that strengthening the role of prosecutors in Indonesia is necessary while maintaining oversight mechanisms through a system of checks and balances that balances effectiveness and accountability.