The Independence of State Attorney Prosecutors in Civil and Administrative Cases (Involving Madiun District Local Government)

DOI

10.2991/978-2-38476-218-7_20How to use a DOI?

Keywords

Independence; State Attorney; Civil Case; State Administrative Case

Abstract

This research seeks to clarify the law on the Prosecutor’s independence as a State Attorney in local government civil and administrative proceedings. In this study, how does legal substance affect the Prosecutor’s independence as a State Attorney in civil and state administrative proceedings involving local governments? Second, is the State Attorney responsible for resolving local official legal issues, and what challenges does he confront in arguing for local governments? This research uses normative juridical, which uses legislation (statute approach) as a positive legal norm and durable court rulings. Then, legal facts related to the difficulties studied are linked to it. The research found that Article 30 paragraph (2) of Law Number 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia regulates the Prosecutor’s position as a state lawyer and that the Prosecutor’s function in civil and state administration is to ensure the rule of law, save state assets, maintain government authority, and protect state interests. The second research finding is that State Attorneys may advocate for legal matters through litigation or non-litigation and comprehend civil or constitutional law sufficiently and officially.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yunita Ramadhani
AU  - K. R. H. I Gusti Ayu
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/02/22
TI  - The Independence of State Attorney Prosecutors in Civil and Administrative Cases (Involving Madiun District Local Government)
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 130
EP  - 133
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_20
DO  - 10.2991/978-2-38476-218-7_20
ID  - Ramadhani2024
ER  -