Authority of Indonesian Attorney in Handling the Corruption Crimes: A Perspective of Integrated Criminal Justice System

By Bolifaar, Andhy Hermawan; Jaya, Nyoman Serikat Putra et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2019 | Go to article overview

Authority of Indonesian Attorney in Handling the Corruption Crimes: A Perspective of Integrated Criminal Justice System


Bolifaar, Andhy Hermawan, Jaya, Nyoman Serikat Putra, Pujiyono, Arif, Faisal, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

In addition to the executive and legislative bodies, the judicial organ plays an important role in a country, as an agency that deals specifically with law and its enforcement (Schachter, 1960). To strengthen the legislative function and legal oversight, Indonesia has reformed several key judicial institutions and formed new institutions in the form of commissions including the Corruption Eradication Commission, the Business Competition Supervisory Commission, the National Human Rights Commission. The core judicial institutions such as the Indonesian National Police, the Attorney General's Office of the Republic of Indonesia, the Supreme Court, Correctional Institutions and Advocates/Legal Counsel have also undergone many changes since the reformation period in 1998.

One of the government agencies as a component of law enforcement is the Prosecutor's Office (Ruff, 1976; Fredman, 1997). The office has a central position and a strategic role within a rule of law because the office is a filter between the investigation process and the examination process at the trial, so that its existence must be able to carry out law enforcement duties. The authority of the Attorney General and the Attorney General's Office is firmly regulated by Law Number 16 of 2004 concerning the Prosecutor's Office (Wicaksono, 2018). According to Chapter I of the second part of Article 2 paragraph (1) of Law Number 16 of 2004 concerning the Prosecutor's Office, it is stated that the Prosecutor's Office of the Republic of Indonesia is a government institution that carries out state authority in the prosecution and other authorities based on the law. This article explicitly states that the principal authority of the Prosecutor's Office is in the field of prosecution in addition to other duties and authorities as stipulated in Article 30 of Act Number 16 of 2004. Specifically, in the criminal field, the prosecutor has the duties and authority:

1. Prosecution;

2. Carrying out the determination of judges and court decisions that have obtained permanent legal force;

3. Supervising the implementation of conditional criminal decisions, criminal verdicts of supervision, and conditional decisions;

4. Investigating certain crimes based on law;

5. Complete certain case files. In the last function, the prosecutor can conduct additional checks before being delegated to the court which in coordination is coordinated with the investigator.

In the civil and administrative fields of the state, prosecutors with special powers can act both inside and outside the court for and on behalf of the state or government (Sarat & Clarke, 2008). In the field of public order and peace, the Attorney General's Office also carries out several activities such as increasing public legal awareness, safeguarding law enforcement policies, controlling the circulation of printed goods, controlling the flow of trust that can endanger the community and the state, preventing abuse and/or blasphemy and legal research and development and criminal statistics. The authority and other duties of the Prosecutor's Office are the attorney's authority as an investigator in certain criminal acts. Certain criminal acts here refer to criminal acts of corruption and criminal acts of human rights violations (Suhaimi, 2015). The authority of the Prosecutor's Office to investigate certain criminal acts is rooted far in the Het Herziene Inlandch Reglement (HIR) Staatsblad regulation No. 44 of 44. To strengthen this provision, Law No. 30 of 2002 concerning the Corruption Eradication Commission was promulgated, almost simultaneously with the Law Number 31 of 1999, amended by Act Number 20 of 2001 concerning Eradication of Corruption Crimes. In this context, the prosecutor's office is burdened with the dual function of investigation and prosecution (Fijnaut & Huberts, 2002). More specifically, a deeper analysis of the implementation of this dual authority is needed in the context of corruption. …

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