The Implementation Of Other Legal Measures By State Attorneys To Recover State Finances

Abstract

This study examines the jurisdiction of the State Attorney in restoring state finances as part of efforts to protect state assets and enforce government authority. In practice, the State Attorney performs civil and state administrative functions with the authority to settle cases out of court and take legal actions to recover state finances. The main issue addressed in this study is the extent of the State Attorney’s authority in state financial recovery and its implementation within Indonesia’s legal system. This research employs a juridical-normative method with a legislative and conceptual approach. Data were obtained through a literature review of relevant legislation and an analysis of the practices carried out by the prosecution office in handling cases related to state financial recovery. The findings indicate that the State Attorney plays a crucial role in resolving civil and state administrative cases, including providing legal assistance to government institutions, filing civil lawsuits, and negotiating out-of-court settlements. Additionally, the State Attorney’s authority extends to providing legal opinions and taking necessary legal actions to protect state assets. The analysis of these findings suggests that despite the broad authority of the State Attorney, its effectiveness faces several challenges, such as limited resources, coordination mechanisms between institutions, and regulatory constraints that may hinder the optimization of its role in state financial recovery. Based on these findings, it is recommended to strengthen the institutional capacity of the State Attorney through regulatory improvements, enhancement of prosecutors’ competencies, and optimization of civil and state administrative case resolution mechanisms to accelerate state financial recovery more effectively and efficiently.