Abstract

The Attorney General's Office of the Republic of Indonesia is a government agency that exercises state power in the field of law enforcement, particularly in the field of prosecution. As a law enforcement agency that has a central role in the legal process itself, the Attorney General's Office of the Republic of Indonesia can be positioned as part of the main state institutions that have the same position and presence as other main state institutions. But in its implementation, the position of the Attorney General's Office of the Republic of Indonesia was not always in line with the main tasks it was carrying. Moreover, the regulation in the 1945 Constitution of the Republic of Indonesia as a state constitution was not found at all. In the relation of it, this research is intended in order to find out the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power in the Indonesian constitutional system. In order to answer the problems in this study, normative juridical research methods are used, namely by examining various existing provisions as secondary data to solve the problem under study. The results of this study indicate that the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power is a law enforcement agency that is placed as part of the executive, but the implementation of the main duties and functions as well as its authority falls within the judicial realm. Based on such conditions, further regulation is needed regarding the position of the Attorney General’s Office of the Republic of Indonesia which is more ideal, so that in carrying out its main duties and functions as well as its authority can run well.

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