PELAKSANAAN KEWENANGAN JAKSA PENGACARA NEGARA DI BIDANG TATA USAHA NEGARA PADA KEJAKSAAN TINGGI RIAU

Abstract

The Attorney General’s Office of the Republic of Indonesia as regulated in Law
Number 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia is a
government institution that carries out state duties in the field of prosecution and other
authorities based on law. Where one of his duties is in the field of Civil and State
Administration where the prosecutor with special powers can act both inside and outside the
court for and on behalf of the state or government which is referred to as the State Attorney.
In practice, the task as state attorney in handling State Administrative dispute cases can also
be carried out by lawyers who are advocates. During the last three years, there have only
been two cases of State Administrative disputes handled by the State Attorney of the Riau
High Court. So that the writing of this thesis aims to determine the criteria for State
Administrative cases that can be handled by the State Attorney in the field of State
Administration at the Riau High Court and to find out how the implementation of the
authority of the State Attorney in the State Administration at the Riau High Court.
This type of research can be classified in the type of sociological research which is
carried out by direct research on the place under study to provide a complete and clear
picture of the problem being studied. This research was conducted in the High Service Office
of Riau, while the population and the sample are the parties related to the problem studied in
this study. The data sources used are; primary data, secondary data, and tertiary data, the
data collection techniques in this study were methods and interviews and literature study.
From the results of this study, two conclusions can be drawn. First, cases or State
Administrative disputes that can be handled by the Riau High Court. Second, this study
discusses the implementation of the authority of the State Attorney at the Riau High Court.
The researcher’s suggestions are, firstly, there is a correction of the prosecutor’s duties and
authorities in the field of state administration. Second, the provisions on the separation of
authority are clearer for State Attorneys in both the Civil and State Administration scope.
Third, strict provisions to be addressed to government agencies, state institutions,
BUMN/BUMD to cooperate using the services of a State Attorney when there is a state
administrative dispute.
Keywords: Public Prosecutor – State Lawyer – Authority