Attorney’s Independence in Implementing Law Enforcement Duties: Challenges and Development

Khunaifi Alhumami ,Marthen Arie ,Musakkir ,Slamet Sampurno

doi:10.7176/jlpg/95-14

Abstract

As part of the implementer of judicial power, the attorney must also obtain a guarantee of independence in exercising its duties and functions. Without an independent attorney, it is impossible for an independent judicial authority to be realized. This research is descriptive with normative-juridical type. The approaches used were statutory, conceptual, analytical and case, and comparative by using deductive and inductive reasoning. The results show that implementing the attorney’s independence must be realized in the form of an independence guarantee for the executing apparatus (prosecutor and attorney general) in exercising law enforcement duties. It is not in the form of institution independence as happened during the guided democracy up to now. The establishment of the attorney as an independent institution apparently is not directly proportional to the independence in the implementation of duties and functions in the field of law enforcement that is right under the authority of the President. When the independence of the attorney is implemented in the form of individual independence of the prosecutors and the Attorney General, it brings positive implications for the implementation of law enforcement duties. Keywords: Attorney; Prosecutor; Legal Structure; Independence DOI: 10.7176/JLPG/95-14 Publication date: March 31 st 2020

Highlights

A main instrument of the constitutional State is the guarantee of the implementation of an independent judiciary and free from other powers in order to enforce a fair legal process to all citizens.1 In essence, the power is exercised by the judiciary that refer to the Supreme Court and the Constitutional Court and by other bodies, one of them is attorney
The establishment of the attorney as an independent institution apparently is not directly proportional to the independence in the implementation of duties and functions in the field of law enforcement that is right under the authority of the President
When the independence of the attorney is implemented in the form of individual independence of the prosecutors and the Attorney General, it brings positive implications for the implementation of law enforcement duties

Summary

Introduction

A main instrument of the constitutional State is the guarantee of the implementation of an independent judiciary and free from other powers in order to enforce a fair legal process to all citizens. In essence, the power is exercised by the judiciary that refer to the Supreme Court and the Constitutional Court and by other bodies, one of them is attorney. In a quo article states that State authority in the field of prosecution is exercised independently It means to be free from the influence of government and other powers. This is often doubted by the public, because of the position of the Attorney General as the President’s Assistant who can be dismissed at any time by the President. The independence of the institution was not followed by the independence of the implementing apparatus because as minister or President’s assistant, the Attorney General can be dismissed at any time by the President. Judges can be bribed and lawyers become brokers for bribes.2 Such law enforcement apparently has not stopped after the new order was replaced by the reform order and it should be elaborated more deeply related to the independence of the attorney institution. The approaches used were statutory, conceptual, analytical and case, and comparative by using deductive and inductive reasoning

The Challenges of Attorney’s Independence

Implications of Attorney Independence

An Ideal Model of Prosecutor Independence

Conclusion