KEWENANGAN KEJAKSAAN DALAM MENANGANI PERKARA PERDATA (STUDI KASUS DI KEJAKSAAN NEGERI SLEMAN)

As we know, public assumed that Attorneys only had authourity for proceeding criminal cases or conducting as Public Prosecutor. However, besides proceeding criminal cases Attorneys also had authority to handling civil cases. Regulations about civil cases already exist since Dutch East Indies stated...

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Bibliographic Details
Main Authors: , ADITYA PERMANA PUTRA, , Kunthoro Basuki, S.H., M.Hum.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2014
Subjects:
ETD
Description
Summary:As we know, public assumed that Attorneys only had authourity for proceeding criminal cases or conducting as Public Prosecutor. However, besides proceeding criminal cases Attorneys also had authority to handling civil cases. Regulations about civil cases already exist since Dutch East Indies stated in Staatsblaad No. 522 of 1922 and regulations in BW, Ordinance on Civil Registration and Ordinance on Bankcrupty. Nowadays, Attorneys duties and authorities are stated in Article 32 in Law Number 16 of 2004 on Attorney of Republic of Indonesia then stated detailed in General Attorney Instruction Republic of Indonesia Number INS-001/G/9/1994 on Conducting Law Enforcement Procedure, Number INS-002/G/9/1994 on Conducting Legal Aid Procedure and Number INS-003/G/9/1994 on Legal Service, Hearing and Other Legal Actions Procedure which revised in General Attorney Regulation of Republic of Indonesia Number : Perja-040/A/JA/12/2010 on Standard Operational Procedures on Conducting Duties, Functions and Authorities in Civil and Administration. To finding more about Attorneys authority particularly in handling civil cases, this legal research choose Sleman District Attorney as subject for research. This legal research objectives are to finding how the attorney conducting their duties and authorities in civil cases, how to cope with civil cases, and their barriers in conducting their duties. This legal research using normative law approach method and empiric law. Primary data collected directly by interview and secondary data collected by literature research. The findings and analysis in this legal research found that Sleman District Attorney had conducted their authorities in civil cases but their work management are not in order. This is visible by handling a few in civil cases compared with potential cases that should be handled by Sleman District Attorney. Sleman District Attorney�s work management are not in order caused by many barriers. Barriers from internal issues are : 1) human resources, and 2) medium and facilities. From external issues are : 1) not all institutions are knowing about the authority of attorney, particularly in handling civil cases, 2) economic factor from defendant in litigation on bankcruptcy and billing in compensatory money in corruption cases, 3) the existence of Legal Burreau in every government institutions.