MEANING OF KEJAKSAAN

 

The Public Prosecution Service of the Republic of Indonesia is a state institution that exercises state power, especially in the field of qualifications. As the body with authority to enforce law and justice, the Prosecution Office is led by the Attorney General who is appointed by and responsible to the President. The Attorney General’s Office, High Prosecution Office and District Prosecution Office are state authorities, especially in the field of inheritance, where everything is a unified whole that cannot be separated.

Referring to Law (UU) no. 16 of 2004 which replaced Law (UU) no. 5 of 1991 concerning the Republic of Indonesia Prosecutor’s Office, the Prosecutor’s Office as a law enforcement agency is required to play a greater role in upholding the supremacy of law, protecting public interests, upholding human rights, and eradicating corruption, Collusion and Nepotism (KKN). In this new Prosecutor’s Law, the Indonesian Prosecutor’s Office as a state institution that exercises state power in essential areas must carry out its functions, duties and authority independently, regardless of the influence of government power and the influence of other powers (Article 2 paragraph 2 of Law (UU) Number 16 2004).

In carrying out its duties and authority, the Prosecutor’s Office is led by the Attorney General who supervises six Deputy Attorneys General and 31 Heads of High Prosecutor’s Offices in each province. Law (UU) no. 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia also indicates that the Prosecutor’s Office is in a central position with a strategic role in strengthening the nation’s resilience. Because the Prosecutor’s Office is at the center and is the filter between the investigation process and the examination process at trial and also as the implementer of court decisions and decisions. Thus, the Prosecutor’s Office is the controller of the case process (Dominus Litis), because only the Prosecutor’s Office can determine whether a case can be submitted to court or not based on valid evidence according to the Criminal Procedure Law.

It should be added that the Prosecutor’s Office is also the only agency implementing criminal decisions (executive ambtenaar). Apart from playing a role in criminal cases, the Prosecutor’s Office also has another role in Civil and State Administrative Law, namely being able to represent the Government in Civil and State Administrative Cases as a State Attorney. The prosecutor as the executor of this authority is given the authority to act as a Public Prosecutor and carry out court decisions and other authorities based on the law.