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VOL. 9, ISSUE 4 (2023)
Legal status and function of the prosecutor as state attorney in providing legal assistance to state owned enterprise
Authors
Siara Nedy, Husni, Mohd Din
Abstract
This study aims to explain the position and function of the Prosecutor
as a State Attorney in providing legal assistance to BUMN, the consideration
providing legal assistance to BUMN and the ideal arrangement of the Prosecutor
as a State Attorney in providing legal assistance to BUMN. This research used
normative juridical methods with a statutory approach, conceptual approach and
historical approach. The results of the study showed several consideration of
the Prosecutor as a State Attorney providing Legal Assistance to BUMN a) Legal
assistance was execute the results analysis that problem was included in the
scope of civil or state administration; b) Not indication of conflict of interest
with other area such as intelligence and criminal law enforcement; c) Based on
the analysis of Strengths, Weaknesses, Opportunities and Threats (SWOT) on the
juridical technical analysis of the case from the aspect of various aspect that
describe of success and potential weaknesses of legal step; d) Considering not
indication of criminal act committed by person occupying positions in BUMN; and
e) Aims to recover state financial losses incurred due to dispute between BUMN
and third parties. The ideal regulation the Prosecutor as a State Attorney in
providing Legal Assistance to BUMN is clarify the position of BUMN as part of
the state and government considering that BUMN are status as private legal
entities. There is a mechanism that prevent conflict of interest between legal
aid and the fields of intelligence and criminal law enforcement as well. Moreover
a mechanism for supervision of the implementation of the Prosecutor duties as
State Attorney in providing legal assistance to BUMN.
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Pages:83-87
How to cite this article:
Siara Nedy, Husni, Mohd Din "Legal status and function of the prosecutor as state attorney in providing legal assistance to state owned enterprise". International Journal of Law, Vol 9, Issue 4, 2023, Pages 83-87
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