Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


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

Author(s): Andhy Hermawan Bolifaar, Nyoman Serikat Putra Jaya, Pujiyono, Faisal Arif

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 prosecutor as an investigator in certain criminal acts. Certain criminal acts include corruption and also gross violations of human rights. Based on the Integrated Criminal Justice System, it is strictly regulated that in law enforcement, the Investigation task is carried out by the Police, and the Prosecution task is carried out by the Prosecutor's Office, while the Examination's duties are carried out by Judges and Penitentiary by correctional institutions. Indonesia, especially in the handling of corruption, there are double authorities that are owned by the Prosecutor's Office, namely the authority of Investigation and Prosecution.

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