INDEPENDENCE OF THE PROSECUTOR IN CONDUCTING PROSECUTIONS VIEWED FROM THE UNITED COMMAND PRINCIPLE

Abstract

The independence of the prosecution is a universal principle within the framework of realizing a just and impartial criminal justice system. The European Status of Justice states that the government should establish measures to guarantee the independence of the prosecutorial power. Prosecutors are required to submit to legal authority and not to political power. Therefore, this study aims to examine the practice of making prosecution decisions in the Indonesian Prosecutor’s Office. The qualitative study method was adopted with normative law, and data were collected through document study and interviews with Attorney officials. The results showed that the new prosecution independence arrangements aim to protect the Attorney General’s institution from the influence or intervention of other powers. However, prosecutors did not yet have individual independence in their status as judicial officials (magistrates). This is in contrast to the practice in European countries, such as the Netherlands, which guarantee institutional and individual independence. Due to the influence of the military in the Indonesian Attorney General’s office and a translation error, "een en ondeelbaar", which should be a legal standing, was mistranslated into the principle of command unity. Therefore, in making decisions/actions, prosecutors should report and seek approval from their superiors.