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International Journal of
Law
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VOL. 11, ISSUE 6 (2025)
Protection of public prosecutors who maintain independence: A juridical study on the rejection of leadership intervention
Authors
Aprillia Jultje Saiya, Salmon Eliazer Marthen Nirahua, Juanrico Alfaromona Sumarezs Titahelu
Abstract

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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Pages:19-23
How to cite this article:
Aprillia Jultje Saiya, Salmon Eliazer Marthen Nirahua, Juanrico Alfaromona Sumarezs Titahelu "Protection of public prosecutors who maintain independence: A juridical study on the rejection of leadership intervention". International Journal of Law, Vol 11, Issue 6, 2025, Pages 19-23
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