107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

THE ROLE AND FUNCTION OF THE INDONESIAN PROSECUTION SERVICE IN CRIMINAL

Ersyiwo Zaimaru*

I. INTRODUCTION The Prosecution Service (Kejaksaan) is composed of one Attorney General’s Office, Since prosecution has been realized as 27 the High Prosecution Offices and 296 a fundamental component of the criminal District Prosecution Offices. The Attorney justice system in addition to investigation, General Office is located in the capital of judgment and the execution of the judge’s the of , Jakarta, and its disposition, the Prosecution Service of the territorial jurisdiction covers the territory Republic of Indonesia also has a pivotal role of the Republic of Indonesia. The High and function in the Indonesian law Prosecution Office covers the territory of enforcement system. In other words, the the province and the District Prosecution Indonesian Prosecution Service is Office covers the territory of the district or indispensable in the Indonesian criminal the respective municipality and or an justice system. administrative city. It is clear that the This paper tries to describe concisely the Attorney General’s Office is the role and function of Indonesian prosecutors headquarters of the Indonesian in the criminal justice system. prosecution service. Furthermore, pursuant to Article 7, II. ORGANIZATIONAL STRUCTURE paragraph (1) of Act No. 5/1991, a branch AND ROLE OF THE INDONESIAN of the District Prosecution Office can be PROSECUTION SERVICE formed by the decree of Attorney General A. Position within the National after the State Minister of Administrative Organizational Structure and Its Reform has given his approval thereto. Independence and Neutrality This means that a branch of the District Prosecution Office is the lowest level in the 1. Position organizational structure of the Indonesian The Prosecution Service of the Republic Prosecution Service. of Indonesia is a government institution, The Indonesian Prosecution Service which is separated from the Ministry of itself is led by the Attorney General who is Justice and other criminal agencies. This appointed and dismissed by and institution has the main duty to execute responsible to the President of the Republic the state power in the field of prosecution of Indonesia. The Attorney General is the and other duties based upon the supreme leader in and responsible for the regulations and laws and to have a share Prosecution Service who controls over the in exercising a part of the general duty of execution of the duties and authority of the government and the development in the service. In conducting this daily job, he is field of law. assisted by one Vice Attorney General and six Deputy Attorney Generals. * Head of Sub Division for Monitoring, Division of The Attorney General and the Vice Cooperation for Foreign Legal Affairs, Bureau of Attorney General constitute a unity of Law and Public Relations, Attorney General’s leadership components. All Deputy Office, Indonesia. Attorney Generals are the components

201 RESOURCE MATERIAL SERIES No. 53 which support the leadership. As stated 2. Independence and Neutrality in Article 4 of the Presidential Decree No. In order for one to be appointed as a 55/1991, the structure of the Indonesian Public Prosecutor, according to Article 9 of Prosecution Service consists of: Act No. 5/1991 on Prosecution Service of (1) Attorney General; the Republic of Indonesia, inter alia, one (2) Vice Attorney General must be a civil servant, hold a university (3) Deputy Attorney General for degree in law, and pass the examination of Advancement; the education and training for the skill (4) Deputy Attorney General for profession of Public Prosecutor. Due to its Intelligence Affairs; status of a civil servant, therefore (5) Deputy Attorney General for undoubtedly, every Indonesian public General Crimes; prosecutor is fully controlled by his/her (6) Deputy Attorney General for Special superiors. It can be seen in the actual Crimes; practice of prosecution of offenders that a (7) Deputy Attorney General for Civil public prosecutor in charge, before and Administrative Affairs; submitting his/her requisite charges, (8) Deputy Attorney General for should first ask the size of charges to the Supervision; head of the District Prosecution Office for (9) Centres; a case at the district level or the head of (10) Prosecution Offices at regional level the High Prosecution Office for a provincial which consists of: level case and the Attorney General for a a. High Prosecution Offices, and national level case. In other words, every b. District Prosecution Offices. Indonesian public prosecutor is fully controled by his/her superiors, which is In addition, the Indonesian Attorney referred to in Article 8, paragraph (2) in General has the level as same as a State the following words: Minister. Therefore, the Attorney General In instituting prosecution the Public as well as the commander-in-chief of the Prosecutor shall act for and on behalf Indonesian Armed Forces and the Minister of the state and be responsible to of Justice is a member of the Cabinet which hierarchical channel. is led directly by the President. In the Indonesian organizational As mentioned above, an Indonesian structure of national government, the public prosecutor is a government official. President and Vice President are elected In handling criminal cases, the execution by all members of the People’s Consultative of prosecution must be based upon the law Assembly (MPR), which is the highest and must always observe the sense of constitutional body. Under the 1945 justice in with the society by Constitution, the MPR convenes at least paying attention to the government policy. once every five years to elect the President The Indonesian public prosecutor shall act and Vice President and to adopt the broad as the government and the state officials outlines of state policy, which provide a in the execution of prosecution. This means framework for government policy that there is no neutrality for public directions. This body consists of all 500 prosecutor because the government members of the House of Representatives interest must be kept in the prosecution (Parliament) and 500 additional members against the offenders. In addition, the appointed by the government. The DPR Indonesian public prosecutor shall act as (Parliament) itself meets regularly and a State Attorney when there are civil and debates legislation submitted to it by the administrative actions against the state government. and government of the Republic of

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Indonesia. It can be said that every Recently, there are about 5,000 public Indonesian public prosecutor must stand prosecutors, who serve prosecution. That by their government and their state. number also includes civil and administrative law enforcement. B. Appointment and Training of Public Prosecutors and the 2. Training and the Guarantee of Guarantee of Their Status Public Prosecutors Status The Centre for Education and Training 1. Appointment has the duty to execute the education and As mentioned before that is stipulated training in the environment of the in Article 9 of the Act No. 5/1991, in order Indonesian Prosecution Service by for one to be appointed a public prosecutor, of law and regulation and the policy he shall have to fulfill the following determined by the Attorney General. This requirements: centre is a component in support of the duty (1) be an Indonesian Citizen; and function of the prosecution service, (2) be pious to the One Almighty God; while is under and directly responsible to (3)be loyal to (state the Attorney General. ) and the 1945 Education and training programs for Constitution; personnel of the prosecution service that (4) not be an ex-member of the banned is organized by the centre consists of Pre- Indonesia Communist Party, Service and In-Service programs that can including the mass organizations be seen in Table 1. thereof or not be a person directly In addition to the information of Table involved in the “Counter- 1, in-service programs consist of training Revolutionary Movement of programs on general administrative, September 30th/Indonesia structural, functional and technical Communist Party” or other banned education, and training for public organizations; prosecution candidates is a kind of (5) be a civil servant; functional training program. This technical (6) hold a university degree in law; education and training program may (7) be at least 25 years of age; consist of training of Intellectual Property (8) be authoritative, honest, just and not Rights, law enforcement in criminal cases, behave disgracefully; and and law enforcement in civil and (9) pass the examination of the education administrative cases, intelligence activities, and training for the skill profession etc. This kind of training can be an of Public Prosecutor. appropriate solution to overcome the Those requirements above are verified problems of insufficient qualified public in a selection process that is conducted by prosecutors dealing with new crimes which the Bureau of Personnel Affairs of the seem more sophisticated and organized. Attorney General’s Office. The goal of functional education and Prosecution service has recruited legal training programs is strengthening the personnel within the prosecution service. skills and professional capacities of public They must be law school graduates and prosecutors as required by government pass the prosecutor pre-service training regulation. Furthermore, the technical organized by the training center in Jakarta. programs give a better opportunity for Every year, the training center produces any qualified public prosecutor and about 200 new public prosecutors. administrative personnel to acquire the

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Table 1 KINDS OF EDUCATION AND TRAINING PROGRAMS

Kind of Education and Training Participant Program Pre-service Training Candidate for Civil Servant in Prosecution Service General Administrative – Official Echelons V & IV – Functional Official Structural a. Administrative Staff & Leader First Official Echelon III Level b. Middle Level Official Echelon II c. High Level Official Echelon I Functional Training (Non Strata) Functional Official Technical Training Structural & Functional Officials Source: Rasmin Saleh, “The Education and Training of Indonesia Public Prosecution Service”, unpublished, p. 18. and technical skills in order to Decree No. KEP-030/JA/3/1988 on March improve the objectiveness and efficiency in 23, 1988. carrying out their duties, especially for new Pursuant to Article 8, paragraph (4) problems faced by Prosecution Service of of Act No. 5/1991, in executing its duty and the Republic of Indonesia. authority, the prosecution service shall Participation for every program is based always act by virtue of the law and with on assignment. A selection team considers due observance of the norms of , what is expected of those participants after good manners and , and shall also they finish their training, so that they can be obligated to delve into the living values improve their ability to achieve a better of humanity, law and justice in the society. career position and a brighter future. Moreover, public prosecutors shall institute Therefore, the education and training a prosecution on the that their programs are the strategic way to get the prosecution is based upon sufficient legal capable and skillful public prosecutors in means of proof. According to Article 184, handling cases. It can be noted the paragraph (1) of Act No. 8/1981, legal guarantee of having a bright future is means of proof shall be the testimony of attending the series arranged programs. witnesses, testimony of the experts, documents, the indication, and the C. Professional of Indonesian testimony of the accused. Prosecutors As stated in Article 11, paragraph (1) of The ideal figure of an Indonesian public Act No. 5/1991, unless determined prosecutor is a person who holds or reflects otherwise by virtue of the law, the the values of the Prosecution Service Indonesian public prosecutor may not maxims called Satya, Adhy and Wicaksana concurrently become a businessman or a (Integrity, Maturity and Wisdom). This legal adviser or do another job which can maxim which is called Tri Krama Adhyaksa influence the dignity of his/her office. The or Indonesian Prosecution Service doctrine, violation of this statement, according to was stipulated by the Attorney General’s Article 13, paragraph (1), section c, shall

204 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS result in the public prosecutor being besides public prosecutors in the dishonourably dismissed from his/her Indonesian investigation system, inter alia, office. The other regulations related to the naval officers for Fishery and Exclusive professional ethics of Indonesian Economic Zone offences; and civil servants Prosecutors can be found in Code of Civil of Customs and Excise, Tax Division, Servant Ethics and several acts concerning Forestry Officer, etc. the duty, authority and function of public An investigator as regulated in Article prosecutors in the Indonesian justice 7, paragraph (1) of Act No. 8/1981 shall be system. competent, inter alia, to carry out arrest, detention, search and seizure of documents; III. INVESTIGATION to summon a person to be heard or examined as a suspect or a witness; to take A. Investigative Authority and other responsible acts in accordance with Methodology law. In this regard, the investigator shall Arcitle 6, paragraph (1) of Act No. 8/1981 prepare minutes of the execution of acts on Criminal Procedure (KUHAP) states and then shall deliver the dossier of case that an investigator shall be: to the public prosecutor. The delivery of (1) an official of the state police of the the dossier shall be accomplished as follows Republic of Indonesia; and [Article 8, paragraph (3) of Act No. 8/1981]: (2) a certain official of the civil service (1) At the first stage, the investigator who is granted special authority by shall deliver only the dossier of case. law. (2) Where the investigation is deemed to Refering to this statement, in practice, have been completed, the investigator the police official is an investigator for shall cede responsibility for the general crimes such as murder, theft and suspect and the physical evidence to robbery. the public prosecutor. The public prosecutor is also authorized However, there is not a strict sanction to be the investigator for special crimes against the investigator who delivers the such as the corruption cases (Act No. 3/ dossier of a case late and never completes 1971 on Eradication of Corruption the returned case. In practice, a public Offences). It is sanctioned by Article 284, prosecutor in charge will ask that paragraph (2) of Act on Criminal investigator’s superior to order the Procedure, which states: completion of the case as soon as possible. ... all cases shall be subject to the provision of this Act, with temporary B. Instruction and Supervision of exception for special provisions on the Police, and the Cooperation criminal procedure as refered to in between the Public Prosecutor certain acts, until they are amended and the Police and or are declared to no longer be in As we know, the role of the public effect. prosecutor can be seen clearly from the Another regulation which sanctions that acceptance of the case dossier from the statement above, is Article 17 of police officer. Then, the public prosecutor Government Regulation No. 27/1983, will compose the results of the criminal which mentions that public prosecutors investigation to be the criminal prosecution and certain officials have authority as against the defendant. In the Indonesian investigators of special crimes. It means criminal justice system, a public prosecutor there are several special investigators within seven days shall be obligated to

205 RESOURCE MATERIAL SERIES No. 53 inform the investigator in charge whether of an event, which constitutes an offence, the results are complete or incomplete. the investigator shall inform the public Where the results are evidently incomplete, prosecutor of this fact. That information the public prosecutor shall send the dossier includes the arrest and detention of the back to the investigator accompanied by an suspect, which have been conducted by the instruction on what must be done to make investigator. it complete. Then, within 14 days after The investigator on a person who is receiving the dossier, the investigator shall strongly presumed to have committed an be obligated to return the dossier to the offense based on sufficient preliminary public prosecutor. evidence shall issue an arrest warrant. As mentioned before, there is no a strict That arrest can be made for at most one sanction against the investigators who day, and a person suspected of having neglect their obligation to complete the case committed a misdemeanor shall not be within the mentioned period. In that case, arrested except when without valid reasons a good informal or personal relationship he has failed two consecutive times to between the public prosecutor and the comply with valid summons (Articles 17 to investigator (the State Police Officer) can 19 of Act No. 8/1981). be seen on the results of investigation. Furthermore, for the purposes of Conversely, the public prosecutor in charge investigation as well as prosecution and will ask his/her superior or the head of the trial proceedings, the investigator instead District Prosecution Office to contact the of the public prosecutor and the judge at investigator’s superior to fulfill his trial, has the authority to a detain a suspect obligation soon. Alternately, the public who is strongly presumed to have prosecutor will never give or approve the committed an offence based on sufficient extension of further detention in the evidence. It is applied on cases where there investigation period. It can be deemed as are circumstances which give rise to an effective way for public prosecutors to concern that the suspect will escape, supervise what the investigators have done damage or destroy physical evidence and/ till the end of the detention period. or repeat the offence. According to Article Although the public prosecutor is able 24, paragraph (1) of the Act on Criminal to return the incomplete dossier to the Procedure, a warrant of detention issued investigator accompanied by the by an investigator shall only be valid for instruction, however, it can not be said that at most 20 days. It may be extended by a the public prosecutor has supervised the competent public prosecutor for at most 40 state police officer in conducting the days, if an investigation has not been investigation vertically. Accordingly, both completed yet. After the said 60-day period, the public prosecutor and the police officer the investigator must release that suspect together have prepared a successful from detention for the sake of law. investigation. It must be noted a successful The role of the public prosecutor in investigation shall determine the next arresting and detaining a suspect which stage of law enforcement results. are conducted by the police or an investigator, is merely to supervise the C. Role of Public Prosecutors in validity of the investigator’s activities Arresting and Detaining the concerning investigation. In fact, the Suspect investigators shall be responsible Pursuant to Article 109, paragraph (1) themselves for whatever they have done. of the Act on Criminal Procedure, where In addition, a suspect shall have the right an investigator has begun the investigation to demand compensation for the harm of

206 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS having been arrested, detained or other (3)several offences which are not acts, without reason founded on law or due interrelated but which do have some to a mistake with regard to his identity or connection one another, such that the to the applicable law (see Article 95, joinder is necessary for purposes of paragraph (1) of Act No. 8/1981). examination. On other hand, where a public IV. INDICTMENT prosecutor receives a case dossier A. Authorized to Indict and containing several offences committed by the Methodology several suspects, he may conduct a As mentioned before, the Prosecution prosecution against each of the defendant Service of the Republic of Indonesia is a separately. Therefore, a public prosecutor sole agency which shall execute the state has the authority to decide freely whether powers in the field of prosecution. It a case will be separated or not. means, there is no private prosecution in the Indonesian criminal justice system. In B. Degree of Regarding addition, the Prosecution Service shall Guilt Required to Indict a have the authority to carry out the Suspect prosecution of anyone who is accused of In Indonesian criminal procedure, there committing an offence within a public are three kinds of examination procedures, prosecutor’s jurisdiction by bringing the i.e.: case before a competent court to adjudicate (1) Ordinary, accompanied by a bill of indictment. (2) Summary, and After the public prosecutor has received (3) Express, which consists of procedures or accepted the returned and complete for examination of minor offences and dossier case from the investigator, he shall procedures for traffic violation cases. promptly determine whether or not the The ordinary examination procedures dossier meets the requirements to be are regulated in Articles 152 to 202 of Act brought before a competent court. Where No. 8/1981 on criminal procedure, Articles he has the opinion that a prosecution may 203 to 204 for summary procedure, Articles be conducted from the results of 205 to 210 for minor offences, and Articles investigation, he shall prepare as soon as 211 to 216 for the examination procedures possible a bill of indictment. Pursuant to of traffic violation cases. Article 141 of the Act on Criminal Ordinary procedure is the main legal Procedure, a public prosecutor may effect procedure that is implemented in every the joinder of cases and cover them in one competent court. In this procedure, after bill of indictment, if at the same time or receiving the case dossier, which must be almost simultaneously he receives several accompanied by a Bill of Indictment from dossiers of cases on: the public prosecutor, the presiding judge (1) several offences committed by the at the court shall determine the trial date. same person and the interest of the Moreover, the presiding judge shall also examination does not pose an order the public prosecutor to summon the obstacle to joinder; accused and witnesses to attend the trial. (2)several joinders which are There is a specialty among those interrelated one with the other; or examination procedures above where a public prosecutor shall never be involved directly in the examination, i.e., the express procedures. In this procedure, as

207 RESOURCE MATERIAL SERIES No. 53 mentioned in Article 205, paragraph (2) of C. Exercise of Discretion in Act No. 8/1981, the investigator on behalf Prosecution of public prosecutor shall within three days A public prosecutor may not prosecute after completion of the date minutes of the an accused when he has found three examination, present the accused together technical circumstances and one factor of with the physical evidence, witnesses, political reason (Cf. Andi Hamzah and RM. experts and/or interpreters before the Surachman, “The Role a Public court. It is a little bit different to the Prosecutor”, paper for Indonesian-Japan summary procedure in that the authorized joint seminar held in Jakarta on January official whose obligation is to present the 2-24, 1992, pp. 30-33), i.e.: accused together with the required (1) the fact has insufficient evidence; witnesses, experts, experts, interpreters (2) the fact does not constitute an offence; and physical evidence, is a public (3) it is for the interest of law; and prosecutor. It is similar to the ordinary (4) political reason. procedure in that the public prosecutor is Whenever the public prosecutor decides more responsible for presenting the to cease or to suspend the prosecution accused required witnesses, experts and because of insufficient evidence or it has interpreters before a competent court. become clear that said event did not The criteria to decide whether a criminal constitute an offence or the case has been case shall be examined in summary closed in the interest of law, the public procedure, is that a case does not fall under prosecutor shall set this forth in a written the provisions of Minor Offences and for decision. According to Article 140, which the evidence and application of law, paragraph (2) subparagraph b of Act No. and according to the public prosecutor in 8/1981, the content of said written decision charge, is simple and straightforward. shall be made known to the suspect and if Cases with a penalty of at most three he is detained, that suspect should be months’ imprisonment or confinement and released immediately. Moreover, the copies a fine of not more than 7500 rupiahs (about of the written decision must be sent to the 300 yen) shall be examined in express suspect or his family or legal counsel, procedures. official of the state house of detention, the In preparing a bill of indictment, which investigator and the judge. If thereafter shall be dated and signed by the public new circumstances should provide prosecutor in charge, it shall contain sufficient evidence, the public prosecutor (Article 143 of Act No. 8/1981): may conduct a prosecution against the (1) the full name, place of birth, age or suspect. date of birth, gender, nationality, In addition, pursuant to Article 183 of address, religion and occupation of the Criminal Procedure Code, a judge shall the suspect; and not impose a penalty upon a person except (2) an accurate, clear and complete when there are at least two legal means of explanation of the offence of which proof enabling him to come to the accusation is made, stating the time conviction that an offence has truly and place where the offence was occurred and that the accused is guilty of committed. committing it. Therefore, if there are two A bill of indictment which does not among five legal means of proofs, normally, satisfy the provision above shall be void for the public prosecutor shall prosecute the the sake of law. accused before a competent court. Furthermore, the interest of law as

208 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS mentioned above, including lapse of time, personal factors related to the alleged double jeopardy or nebis in idem, and the offender, inter alia, the character, the age, death of the accused, shall be considered any mental illness or stress affecting the when determining whether or not to offender and the relationship of the victim prosecute the accused. to the offender. After a public prosecutor Prior to 1961, every public prosecutor in has gathered the prima facie evidence, he Indonesia was allowed by the law to drop decides whether to prosecute or not. the case even though there was sufficient evidence to warrant a conviction. Then, V. TRIAL PROCEEDINGS this power was abolished in 1961. A. Proof of Criminal Facts However, since that time only the Attorney As stated previously, there are five legal General has been allowed to drop a case means of proof in Indonesian criminal for political reasons or for the interest of procedure, i.e., the testimony of witnesses, law. Hence, a public prosecutor who wishes the testimony of experts, documents, to utilize this power has to request the indication, and the testimony of the Attorney General to determine it, which is, accused [Article 184, paragraph (1) of Act unfortunately, rarely exercised. No. 8/1981]. The testimony of a witness is Although the authority to exercise the what the witness has stated at trial, which discretionary power is not stipulated is similar to the testimony of the expert and explicitly in articles of the Act Number 8/ the accused, i.e., what the expert and the 1981 (KUHAP), the elucidation of Article accused have stated at trial. A document 77 KUHAP infers this power which is called as a legal means of proof should be made the opportunity principle. Fortunately, this under an oath of office or strengthened by principle has been endorsed by Article 32, an oath. An indication is an act, event or paragraph (4) of Act No. 5/1991 on circumstance which because of its Prosecution Service of the Republic of consistency whether between one and the Indonesia. other or with the offence itself, signifies that the offence has occurred and who the D. Plea Bargaining perpetuator is (see Articles 184 to 189 of In the Indonesian criminal justice Act No. 8/1981). system, plea bargaining has never been In addition, the indication as a legal known clearly. To decide whether an means of proof shall only be obtained from accused is guilty or not, is the authority of the testimony of the witnesses, the the judges at trial. However the judges at document and the testimony of the accused. trial shall impose a proper punishment The evidentiary strength of the indication based on sufficient legal means of proof, is evaluated by the judges at trial wisely namely at least two legal means of proof, and prudently after those judges have which convincingly establish that the accurately and carefully conducted an accused has truly committed an offence. examination on the basis of their A public prosecutor in instituting the . In practice, every public prosecution, of course, will first be prosecutor always tries to have the concerned about the sufficiency of the indication in proving the accused guilty. In evidence to establish a prima facie case or other words, every public prosecutor that the evidence that would warrant always tries to obtain three or more legal conviction. There are severals factors means of proof in proving the guilt of the usually taken into consideration before accused. deciding to prosecute such as the gravity and circumstances of the offence, and the

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However, if the court is of the opinion C. Securing Appropriate Sentence that from the results of examination at In practice, there are quite many trial, the guilty of the accused has not been sentences passed by judges which have legally and convincingly proven, the been considered not in accordance with the accused shall be declared acquitted. sense of justice in Indonesian society. The Moreover, if the court is of the opinion that ordinary people consider those sentences the act of the accused has been proven but so lenient that they might lead to an such act does not constitute an offence, all increase in crime, even though such charges against the accused shall be argument has not been proven. Moreover, dismissed. In these cases, if the public people do not want to understand why it prosecutor is not satisfied with the opinion has occurred in the Indonesian law of the court (i.e., dismissal or acquittal), he enforcement system. may appeal to the competent High Court. Securing an appropriate sentence is not Furthermore, he may request for a only conducted by the judges at trial but cassation to the Supreme Court, if he is not also by the public prosecutor, investigator satisfied with the High Court decision and other officials of criminal agencies. An affirming the District Court decision. appropriate sentence should be made on According the explanation above, the an appropriate request of charges against competent District Court may make three the defendant, and it is based on effective kinds of decision upon the accused, i.e.: investigationary results. In other words, (1) Punishment; an inappropriate sentence is merely caused (2) Acquittal; by human errors which are made by those (3) Dismissal of all charges against the law enforcement officials. Therefore, accused. providing the proper training for those officials is necessary to reduce human B. Cooperation for Speedy Trial errors in sentencing. In pursuit of Article 4, paragraph (2) of the Act on the Basic of Judicial Power, the D. Supervision over the Fair judicial administration shall be conducted Application of Law simply, speedily and economically. These Similar to the above-described, people principles must fulfill the expectation of all often ask judges why they do not perform seekers of justice. As we realized, they do the same justice in sentencing offenders not need a complicated examination committing the same crime under similar procedure that may take a long time and, circumstances. According to Justice sometimes, it should be continued by an Soerjono (see paper in Indonesia-Japan heir. Joint Seminar, Jakarta, January 20-24, Cooperation among the investigator, 1992, pp. 6-8), there are several factors public prosecutor and the judges at trial which might influence the decision of and also each superior, in practice, has sped judges in passing sentences, i.e.: up the examination process. Moreover, the (1) Nature of Crime; role of the accused in showing the required (2) Defendant’s Character; evidence to the competent official of the law (3) Community response toward crime; enforcement agencies, is also deemed and another way for a speedy trial. (4) Chance. Considering that judges, public prosecutors, investigators and other law enforcement officials are government

210 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS officials who should obey governmental decided the case in the first instance and disciplinary regulations, the role of their the clerk shall record it in the register of respective superiors in supervising over the supervision and observation. fair application of law is really important. For the purpose of supervision and Public supervision that is carried out by observation, in every court there must be the Indonesian people through the mass a judge who is given the special duty of media is deemed another instrument to assisting the head in carrying out the control the fair application of the law. supervision and observation with regard to Moreover, the request for appeal and the punishment of depriving liberty. cassation is a pivotal instrument to Therefore, it is clear that the executor of supervise fairness, which is the right of the punishment is the public prosecutor which public prosecutor and/or the defendant. is different in civil law enforcement. The In conducting trial proceedings, the executor of civil law is the clerk of the court. public prosecutor in charge shall be obligated to present the defendant, VII. PUBLIC PROSECUTORS’ witnesses, experts and all evidence INVOLVEMENT IN NATIONAL concerning the defendant who is accused CRIMINAL JUSTICE POLICY of having committed a crime. If in fact the Public prosecutors are also involved in accused or the witnesses were legally the activities of, inter alia, in the promotion summoned but failed to be present at trial, of legal public awareness, precaution as a the examination of the case can not be measure in securing law enforcement continued and the head judge shall order policy, precaution as a measure of security said person to be summoned once again for of the printed matter circulation, the the next trial session. Usually, delay in the supervision of which can trial proceedings may be caused by: endanger the society and the state, the (1) The required witnesses not having prevention of misuse and/or blasphemy of received the summons. religion and the research and development (2) A witness’ intent to arrive at the trial of law and administrative matters. on the second summons. Usually, it Additionally, public prosecutors represent is carried out if the defendant is still the state or government inside as well as in the detention and the witness is outside the courts in regards to national the victim of the defendant. justice policy. Coping with the public prosecutor’s VI. EXECUTION OF PUNISHMENT involvement in national justice policy, the Pursuant to Article 270 of the Act on Prosecution Service has five missions, i.e.: Criminal Procedure, which is also signified (1) To secure and defend Pancasila as the by Act No. 5/1991 on Prosecution Service Indonesian philosophy against any of the Republic of Indonesia, the execution attempts which can shake the of punishment which has become final and coexistence of the society, nation and binding shall be carried out by the public state. prosecutor. For this purpose, a copy of the (2) Must be capable of giving shape to execution of punishment shall be sent to the legal security, rule of law, justice the public prosecutor by the clerk. Then, and based upon the law and of the public prosecutor shall send, a copy of observing the norms of religion, good the minutes on the execution of the manners and morality; and also be punishment signed by himself, by the head obligated to delve into the living of the correction agency and by the values of humanity, law and justice convicted person, to the court which in the society;

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(3)Must be capable of being fully involved in the development process, inter alia, having a share in the creation of conditions and infrastructure which support and secure the implementation of development in order to give shape to the just and prosperous society based upon Pancasila; (4) Safeguarding and enforcing the authority of the government and state of the Republic of Indonesia; and (5) To protect the interest of the people through law enforcement. Implementation of those missions are conducted by the Attorney General, who is assisted by one Vice-Attorney General and six Deputy Attorneys General. It is clear that Indonesian public prosecutors are involved not only in law enforcement but also in the implementation of the national development programs. The involvement of the Attorney General, heads of the High Prosecution Offices and heads of the District Prosecution Offices related to each level, as the chiefs of the Committee of Supervision for General Elections, is a good example of this matter.

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APPENDIX A TOTAL NUMBER OF PERSONNEL IN THE INDONESIAN PROSECUTION SERVICE (August 18, 1997)

Region Prosecutor Other Staff Total The Attorney General Office (Headquarters) 423 1,709 2,132 Aceh Special Region 124 312 436 North Sumatera 336 619 755 West Sumatera 131 366 497 Riau 132 282 414 Jambi 94 185 279 South Sumatera 187 380 567 Bengkulu 62 123 185 Lampung 141 246 387 Jakarta District Capital 212 532 744 West Java 551 1,245 1,796 Central Java 428 1,334 1,762 Special Region 99 461 560 East Java 589 1,077 1,666 Wesk Kalimantan 104 203 307 Central Kalimantan 88 159 247 South Kalimantan 136 199 335 East Kalimantan 122 118 240 North Sulawesi 101 203 304 Central Sulawesi 107 167 274 South East Sulawesi 56 141 197 South Sulawesi 289 568 857 Bali 128 308 436 West Nusa Tenggara 82 208 290 East Nusa Tenggara 107 257 364 Maluku 131 234 365 Irian Jaya 87 179 266 East Timor 73 174 247 Secondment 8 0 8 Grand Total 5,128 11,989 17,117 Source: Bureau of Personnel Affairs, Office of the Attorney General.

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APPENDIX B NUMBER OF GENERAL CRIME CASES ACCEPTED BY THE ATTORNEY GENERAL’S OFFICE (April 1996 – March 1997)

Disposal Stopping Investigation High Prosecuting Backlog Receipt Total in Stopped Become Pending Appro- Inappro- Office of 1996 in 1997 1997 Investiga- Cases in 1997 priate priate tion Aceh Special Region 545 281 1,826 81 1,264 481 76 5 North Sumatera 2,074 5,550 7,624 130 4,832 2,662 122 8 West Sumatera 560 1,310 1,870 12 1,179 679 9 3 Riau 285 1,539 1,824 13 1,497 314 9 4 Jambi 295 850 1,145 13 832 300 13 – South Sumatera 1,340 3,632 4,972 8 3,594 1,370 6 2 Bengkulu 499 724 1,223 4 659 560 – 4 Lampung 697 1,815 2,512 2 1,723 787 2 – West Kalimantan 537 1,406 1,943 5 1,300 638 4 1 Central Kalimantan 148 815 963 3 831 129 1 2 East Kalimantan 313 2,154 2,467 13 2,198 256 3 10 South Kalimantan 1,376 1,884 3,260 44 1,829 1,387 44 – West Java 4,061 9,621 13,682 25 9,560 4,097 19 6 Jakarta District Capital 9,056 5,633 14,689 3 5,356 9,330 – 3 Central Java 1,307 6,162 7,469 32 6,166 1,271 29 3 Yogyakarta Special Region 125 940 1,065 1 925 139 – 1 East Java 2,109 1,635 3,744 15 1,548 2,181 3 12 North Sulawesi 2,800 1,220 4,020 10 1,050 2,960 2 8 Central Sulawesi 531 845 1,376 20 798 558 17 3 South East Sulawesi 524 871 1,395 – 1,027 368 – – South Sulawesi 1,492 3,506 4,998 36 3,223 1,739 1 35 Bali 336 1,559 1,895 30 1,444 421 30 – West Nusa Tenggara 918 923 1,841 55 889 897 11 44 East Nusa Tenggara 777 1,130 1,907 14 1,032 861 2 12 Maluku 1,047 1,194 2,241 54 1,010 1,177 14 40 Irian Jaya 170 1,001 1,171 23 974 174 17 6 East Timor 123 371 494 9 293 192 5 4 Total 34,045 59,571 93,616 655 57,033 35,928 439 216 Source: Office of the Deputy Attorney General for General Crime.

214 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS BODY CHIEF OF THE ARMED FORCES COMMANDER-IN- STATE AUDIT GOVERNOR OF BANK INDONESIA HOUSE OF REPRESENTATIVES GENERAL ATTORNEY ASSEMBLY PRESIDENT VICE PRESIDENT PEOPLE’S CONSULTATIVE STATE NATIONAL GOVERNMENT NATIONAL MINISTERS OF ORGANIZATIONAL STRUCTURE OF THE ORGANIZATIONAL COUNCIL SUPREME ADVISORY PORTFOLIOS MINISTERS OF DEPARTMENTS COURT SUPREME MINISTERS COORDINATING APPENDIX C

215 RESOURCE MATERIAL SERIES No. 53 SECRETARIAT INSPECTOR GENERAL TASK INSPECTOR FOR INSPECTOR FOR DEPUTY A.G. PERSONNEL AND EQUIPMENT AND GENERAL CRIMES AND CRIMINAL FOR INTELLIGENCE CASES CIVIL AND ADMINISTRATIVE CASES FOR SUPERVISION INSPECTION FOR SPECIAL STATISTICS CENTRE INSPECTION FOR IMAGE DEVELOPMENT PROJECT LEGAL INFORMATION SECRETARIAT AFFAIRS CIVIL CASES CIVIL RIGHTS PROTECTION OF DEPUTY A.G. FOR DIRECTORATE FOR DIRECTORATE FOR DIRECTORATE FOR INTELLIGENCE REHABILITATION AND OPERATION CENTRE ADMINISTRATIVE CASES CIVIL AND ADMINISTRATIVE /Expertise STAFF OF SPECIALISTS SECRETARIAT CENTRE DIRECTORATE FOR DIRECTORATE FOR DIRECTORATE FOR ECONOMIC CRIMES SPECIAL CRIMES DEPUTY A.G. FOR SUBVERSION CRIMES CORRUPTION CRIMES LAW INFORMATION HIGH/PROVINCIAL PUBLIC PROSECUTION ATTONEY GENERAL (A.G.) VICE ATTORNEY GENERAL PUBLIC PROSECUTION OFFICE SECRETARIAT CRIMES PUBLIC OFFICER DEPUTY A.G. PUBLIC PROSECUTION SERVICE OTHER GENERAL CRIMES AGAINST DIRECTORATE FOR DIRECTORATE FOR RESEARCH AND LIFE AND PROPERTY AGAINST THE STATE AND DIRECTORATE FOR CRIMES FOR GENERAL CRIME DEVELOPMENT CENTRE ORGANIZATIONAL STRUCTURE OF THE ORGANIZATIONAL SECRETARIAT STAFF OF THE A.G. SOCIAL AND AFFAIRS AND EQUIPMENT ECONOMIC AND DEPUTY A.G. DIRECTORATE FOR FINANCE AFFAIRS DIRECTORATE FOR DIRECTORATE FOR DIRECTORATE FOR POLITICAL AFFAIRS CULTURAL AFFAIRS EDUCATION AND INTELLIGENCE PRODUCT TRAINING CENTRE FOR INTELLIGENCE SECRETARIAT BUREAU BUREAU BUREAU BUREAU BUREAU BUREAU FINANCE GENERAL PLANNING LEGAL AND EQUIPMENT PERSONNEL DEPUTY A.G. PUBLIC RELATIONS FOR ADVANCEMENT APPENDIX D

216 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS 110 120 150 150 170 700 Total (days) 30 + 30 + 30 + 30 + 30 + Maximum By Exceptional Extension (. 29) Head of Competent District Court Head of Competent District Court Head of Competent High Court Justice of the Supreme Court Chief Justice of the Supreme Court Extreme Exceptional Extension 60 50 90 90 110 410 Total (days) 40 30 60 60 60 (days) Maximum r Extension By Public Prosecuto Head of Competent District Court Head of Competent District Court Head of Competent High Court Chief Justice of the Supreme Court 20 20 30 30 50 Valid (days) Maximum DETENTION PERIOD ACCORDING TO ACT NO. 8/1981 ON CRIMINAL PROCEDURE ACT NO. 8/1981 ON CRIMINAL ACCORDING TO DETENTION PERIOD Issued by Detention Warrant Investigator (art. 24) Public Prosecutor (art. 25) Presiding Judge at District Court (art. 26) Presiding Judge at High Court (art. 27) Justice of the Supreme Court (art. 28) First Instance Cassation (Second Appeal) Cassation (Second Appeal Total maximum length of detention period Total APPENDIX E

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