The Essence of Prosecutor's Authority in the Execution of Criminal Judgments within the Jurisdiction of the South Sulawesi High Prosecutor's Office

Abstract

This study aims to analyze the scope and essence of prosecutorial authority in executing criminal judgments, assess the implementation of such executions by prosecution offices in South Sulawesi Province, and evaluate the factors influencing their effectiveness. Using an empirical legal research approach supported by philosophical, theoretical, and dogmatic perspectives, the study provides a comprehensive understanding of prosecutorial authority in law enforcement. The findings reveal that, the core of prosecutorial authority in executing criminal judgments is the exercise of law enforcement power to ensure legal certainty and uphold justice through the enforcement of final court decisions. This authority represents the state’s legitimacy in achieving justice, utility, and public order. Among these, the most decisive are the legal substance and legal structure, as they directly determine the clarity of authority and the efficiency of law enforcement mechanisms. The study recommends revising regulations governing the execution of subsidiary criminal sanctions to prioritize fine payments, thereby reducing the state’s financial burden. It also calls for clearer provisions to address procedural gaps in summoning convicts after their detention period expires. Furthermore, stronger inter-agency coordination, improved facilities, and enhanced legal education are needed to foster awareness and compliance among convicts and the public. Lastly, the establishment of an independent external supervisory body is proposed to strengthen accountability and complement the internal oversight of the Prosecutorial Commission.