Memaknai Independensi Kekuasaan Penuntutan di Indonesia (original) (raw)

Realizing Indonesia Prosecutors Commission Professional and Trustworthy

International Journal of Multicultural and Multireligious Understanding, 2020

Law enforcement in Indonesia is run by one of its institutions, namely prosecutors. Prosecutors have an essential role to be able to create and provide a sense of justice for the community. The performance and behavior of prosecutors run by the prosecutor are very often concern by the community, especially on the performance and behavior of the prosecutor. Prosecutors commission as one of the institutions that run the role as a supervisor of the behavior of the Prosecutor often also get attention because of the many cases involving the officials of the Prosecutor, especially the prosecutors. Concerning the role carried out by the Commission of the Prosecutor, then it can be withdrawn several problems such as the role of the Attorney's Commission in conducting performance supervision from the antics and what are the constraints of the Prosecutors Commission in conducting the performance supervision of the prosecutor. The role of the Prosecutor's Commission is related to the t...

The Effectiveness of the Supervision of the Prosecutor's Commission in Indonesia

Pena Justisia: Media Komunikasi dan Kajian Hukum

This study aims to analyze the causes of the ineffective supervision carried out by the Prosecutor's Commission in an effort to improve the performance of the Public Prosecutors Office of the Republic of Indonesia. The facts show that there are many negative public reports and complaints regarding the performance of the AGO. These reports are examined first, before being given a recommendation to the Attorney General. As the external supervisor of the Public Prosecution Service, the Prosecutor's Commission has the task of supervising, monitoring and evaluating the behavior of prosecutors and public prosecutors. The existence of the Republican Prosecutor's Commission is experiencing weaknesses in carrying out its duties and authorities.Keywords:Prosecutor's Commissioner; Effectiveness; Indonesia.

The Basis of Judges' Authority in Adjudicating Criminal Cases in the Perspective of Judicial Power in Indonesia

Journal of Law, Policy and Globalization, 2018

The writing is entitled: The Basis of Judges' Authority in Adjudicating Criminal Cases in the Perspective of Judicial Power in Indonesia. This writing examines the basis of judges' authority to adjudicate criminal cases by comparing between the provisions of Law No. 8 of 1981 on Criminal Procedure Law (based hereinafter referred to as Criminal Code Procedures) with the provisions of Law Number 48 of 2009 on Judicial Power (hereinafter referred to as the Judicial Power Law) based on legislation approach and case approach. The results of this paper show that the basis of judges' authority to adjudicate the criminal cases in the perspective of judicial power is based on the presence of justice and judicial power in the framework of law and justice enforcement. Keywords: Basis of Judges’ Authority, Adjudicating Criminal Cases, Judicial Power

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

2019

The attorney is one of the government agencies as a component of law enforcement. The Prosecutor's Office has a central position and a strategic role in a legal state because of its function as a filter between the investigation process and the examination process in the trial. Thus, its existence must be able to carry out the law enforcement task. The main duties and authorities of the Prosecutor's Office, especially the authority in the prosecution sector, are in Article 2 paragraph (1) in Article 30 of Law number 16 of 2004 that the prosecutor's office is a government institution that carries out authority in the prosecution. In addition, according to Article 32 it is stated that the prosecutor's office can be assigned other duties and authorities based on the law. The implication of the provision of Article 32 is that the Prosecutor's Office has the main duties in the field of prosecution, and other duties and authorities, including the authority of the prose...

Position of witness in the judge power system in Indonesia

Technium Social Sciences Journal, 2020

The prosecutor's position as a government agency that carries out state power in the field of prosecution has resulted in its own legal problems. The Attorney General's Office, on the one hand, is part of a government agency (executive) and is carrying out a prosecution (judicial) function. There is a conflict of norms in the regulation between Article 2 paragraph (1) of Law No. 30 of 2004 concerning the Attorney General's Office of the Republic of Indonesia with Article 38 paragraph (1) and paragraph (2) letter b of Law No. 48 of 209 concerning Judicial Power. The Prosecutor's Office in carrying out its authority independently and independently in the field of prosecution is difficult to be separated from the influence of the power of the authorities, because the Prosecutor's position is under the executive power.

The Position of Judges in the Indonesian Legal Idea

Rechtsnormen Journal of Law, 2023

Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.

The Threat of Judicial Mafia in Indonesia in Discrediting the Principle of the Rule of Law

International Journal of Criminology and Sociology, 2021

This paper aims to critically analyze law enforcement against the mafia of the court. The purpose is to improve the quality of legal institutions and improve the legal structure dimension. The objective is to obtain the quality of court institution as closely related to the apparatus's quality and integrity and the integrity of the apparatus to be ensured since the recruitment process also maintains the coaching process. Using the socio-legal approach, the analysis was directed to the practice of mafia threats to the principle of independence and the court's impartiality while threatening the existence of the rule of law. The results showed that the mafia of court arises because of the collusion among the elements of the court's stakeholders, the destruction of the stakeholders that led to the emergence of the various mafia of court practices in Indonesia. The main findings of this study are that the court, as the last bastion of justice and law enforcement, is undoubtedly expected to be independent and impartial following the demands of the rule of law. As a practical implication, the court institution cannot be independent and impartial if there is still a network of crimes that undermine the court system. Courts that only give justice to those who are strong and have access will cultivate what is feared by some legal experts that law is only a tool as instrumentalism for those who have access and power. This is where the threat to the principle of the rule of law lies.

Constitutional Law on The Discretionary of Prosecutor's Power Against Abuse of Power Implications of Corruption Culture in The Prosecutor's Office Republic of Indonesia

International Journal of Criminology and Sociology, 2020

Indonesia is a rule of law, which means that there is a guarantee for the functioning of an independent or independent prosecutor in carrying out the judiciary and other tasks and for upholding law and justice based on the state constitution and the prevailing laws and regulations. The Attorney General's Office (AGO) is a state institution in Indonesian constitutional law that can carry out or have authority on behalf of the state in prosecution and also has other powers based on applicable provisions. The problem of this research is that the discretionary power of prosecution is too loose a tendency to abuse power to commit a criminal act. terrorized corruption culture This research is qualitative and normative juridical. The discretion that is too free for prosecutors tends to abuse power to carry out a culture of corruption in the Prosecutor's Office (PO). Researchers suggest that discretionary power in state institutions is limited and supervised by external agencies on the performance of prosecutors so that checks and balances occur in state prosecutors' institutions.

Law Enforcement in Indonesia: A Review from Legal Apparatus Roles

Journal of Law, Policy and Globalization, 2017

Nowadays, the main problems of law enforcement encountered by law upholders in Indonesia seem very complex and varied. They should not be seen and resolved partially. They should be understood, scrutinized and resolved in a comprehensive manner. Enforcing the law is not just implementing the "dead" letters, sentences, or clauses in the legislation as positive laws. Positive laws have deficiencies or vacuums, because the nature of positive laws is not able to keep pace with the dynamic developments of society; even, they are left behind the problems arising in it. Legal vacuums can be filled by judges, so judges in this case turn to be legislators. Law upholders are expected by justice seekers to refrain from discriminatory actions as they will lead to the occurrence of injustice. Discriminatory behaviors occur when there are legal treatments that are more or very legal (more law) on one party and less or not legal (less law) on the other party of the same capacity or posit...