Responsibilities of Prosecutors in Resolving Civil Disputes through Non-Litigation Mechanisms

Abstract

Alternative Dispute Resolution (ADR), or dispute resolution outside of litigation, has increasingly developed as an efficient solution, avoiding time-consuming and costly court procedures. ADR, such as arbitration, offers a win-win solution that is more beneficial for the disputing parties. In the context of State-Owned Enterprises (BUMN), which play a crucial role in the national economy, dispute resolution often requires quick and precise intervention. The State Attorney (Jaksa Pengacara Negara, JPN) has authority in civil and administrative law matters, allowing them to handle disputes outside of court on behalf of the state, government, or BUMN. Despite its vital role, many are still unaware of the full use of JPN in non-litigation dispute resolution. This study examines the regulatory framework of the prosecutor's authority in resolving civil disputes through non-litigation channels and their roles and responsibilities. This research uses normative legal research methods with a statutory and conceptual approach. The study concludes that the authority of the Jaksa Pengacara Negara is attributed, which is inherent to the position and regulated by law, enabling the prosecutor to act on behalf of the state, government, or public interests in civil and administrative matters. This authority includes litigation and non-litigation actions, regulated across various regulations such as the Law on the Prosecutor's Office, Presidential Regulations, and Attorney General Regulations. The JPN executes tasks through cooperation with the government or BUMN/D, starting with providing legal advice and special power of attorney. They aim to enforce the law, protect state assets, and safeguard public interests. More specific regulation of the JPN's authority is necessary in separate regulations to ensure legal certainty. Additionally, the socialization of the role of the Jaksa Pengacara Negara needs to be enhanced, along with the development of prosecutors' capacity to perform their duties.