Prosecutors
are functional officials authorized by law to act as public prosecutors and
executors of court decisions that have obtained permanent legal force and other
powers based on the Law. Public prosecutors are prosecutors who are authorized
by Law 16 of 2004 concerning the Prosecutor's Office of the Republic of
Indonesia to conduct prosecutions and execute judges' decisions. However, it is
often found that in the process of preparing indictments to prosecution in court,
public prosecutors who are handling a case where the public highlights it will
experience pressure and intervention from their superiors. This greatly affects
the performance of a Public Prosecutor both in terms of the quality of the
indictment and the judge's decision. So the purpose of this paper is to
identify and examine the legal consequences for Public Prosecutors who refuse
leadership intervention. The type of research used is normative legal
research, the approach used is a statutory approach, conceptual approach, case
approach. The technique of collecting legal materials through literature study
and analyzed qualitatively.
The
results showed that the freedom of the Public Prosecutor in preparing the
indictment originated from the authority of attribution because it was
regulated in Article 14 letter d of the Criminal Procedure Code and Article 137
of the Criminal Procedure Code. In preparing the indictment, the Public
Prosecutor must adhere to the principle of independence and be free from leadership
intervention. The legal basis for the independence of the Public Prosecutor is
contained in Article 8 of the Regulation of the Attorney General of the
Republic of Indonesia No. PER-014/A/JA/11/2012 concerning the Code of Conduct
for Prosecutors. The purpose of being given freedom and independence in the
preparation of charges is to obtain legal certainty. The facts in the field are
that there is still leadership intervention against the Public Prosecutor in
the process of indictment to prosecution of cases that have public attention
and affect the quality of the indictment and the judge's decision. Therefore,
the Public Prosecutor as a functional official must be given special protection
in carrying out his duties from leadership intervention to maintain the quality
of the indictment and prosecution so that it has an impact on the judge's just
decision.
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