SKRIPSI

PENERAPAN PASAL 30 AYAT (2) TERHADAP KEWENANGAN KEJAKSAAN DALAM MENANGANI GUGATAN PERBUATAN MELAWAN HUKUM DIHUBUNGKAN DENGAN UNDANG – UNDANG NOMOR 16 TAHUN 2004 TENTANG KEJAKSAAN

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The prosecutor's office not only has duties and authority in the criminal
field, but also has other duties and authority, namely in the civil and state
administration fields. Article 30 paragraph (2) of Law Number 16 of 2004
concerning the Prosecutor's Office explains the role of the Prosecutor in the civil
and state administration fields. State Attorney is a prosecutor with special powers,
acting for and on behalf of the state or government. The problem in this research
examines the application of Article 30 paragraph (2) to the authority of the State
Attorney in cases of lawsuits against the law as Co-Defendants in decision number
183/Pdt.G/2022/PN.blb. The researcher formulated the problem: 1. How to apply
Article 30 paragraph (2) of Law Number 16 of 2004 concerning the Prosecutor's
Office regarding the role of the Prosecutor as a state attorney in handling civil
cases; 2. What is the position of the Attorney General's Office and the West Java
Prosecutor's Office as co-defendants in representing the state in cases involving
unlawful acts?; 3. What legal remedies can be taken by the State Attorney handling
cases of claims for unlawful acts as a Co-Defendant?
The research method used in this research is normative juridical, namely
literature or secondary data, as well as field research data, namely through
interviews with agencies. The research specifications were carried out in a
descriptive analytical manner, namely describing existing problems and then
analyzing them using primary, secondary and tertiary legal materials. Data
collection techniques were carried out by means of document studies and interviews
using adequate electronic tools as data collection tools. This research was analyzed
using a qualitative juridical method, namely analysis based on applicable laws and
regulations.
The results of the research conclude that the application of Article 30
paragraph (2) emphasizes the meaning of the phrase "special power" which
expressly grants authority and authority to the State Attorney to act or not act in a
legal capacity to represent the state or government. The involvement of the
Prosecutor as State Attorney in decision number 183/Pdt.G/2022/PN.blb is that he
can represent the state in civil cases as stated in Article 30 paragraph (2) only if
requested or related to public interests and state interests that must be protected or
at the request of interested parties. However, the role of the State Attorney in the
case resolution process in his position as Co-Defendant, is only limited to
submitting to and respecting the case and following the settlement during the
litigation process which is carried out fairly.

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Ketersediaan

SKP0001079

346

Fakultas Hukum (SKRIPSI)

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Informasi Detail

Judul Seri

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No. Panggil

346

Penerbit

: FAKULTAS HUKUM UNPAS., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

346

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

PERTAMA

Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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