SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 59, 1991 | (ADMINISTRATION. STATE AGENCIES. A FELONY. PROSECUTOR. Citizens. An explanation in the Additional Gazette of the Republic of Indonesia No. 3451) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 5 YEAR 1991
ABOUT
PROSECUTOR OF THE REPUBLIC OF INDONESIA
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that to increase the renewal efforts of national law within the State of the Republic of Indonesia as a legal state based on Pancasila and the Basic Law of 1945, it is deemed necessary to further establish the position and role of the Republican Prosecutor. Indonesia as a government institution exercising the power of the state in the field of prosecutions in the order of law enforcement of law and justice;
., b. that Law Number 15 of 1961 on the provisions of the Pokok Prosecutor of the Republic of Indonesia and the Law Number 16 of 1961 on the Establishment of the High Prosecutor, is no longer in compliance with the growth and development of the law as well as The state of the Republic of Indonesia, and therefore needs to be revoked;
., c. that therefore needs to be created a new law as a substitute for the two laws as referred to in the letter b;
.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1) of the Basic Law of 1945;
., 2. Law Number 14 of the Year 1970 on the provisions of the Underlying Powers Of Justice (letter Of State Of 1970 Number 74, Additional Sheet Of State Number 2951);
., 3. Law No. 8 of 1981 on the Law of Penal Events (State Sheet of 1981 Number 76, Additional Gazette State Number 3209);
With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON THE PROSECUTOR OF THE REPUBLIC OF INDONESIA.
BAB I
UMUM PROVISIONS
The First Part
Understanding
Section 1
In this Act referred to:
., 1. A prosecutor is an official who is authorized by this Act to act as a public prosecutor as well as carrying out a court ruling that has obtained a fixed legal force.
., 2. The public prosecutor is the attorney who is authorized by this Act to conduct the prosecution and carry out the designation of the judge.
., 3. Prosecution is an act of public prosecution to bestow matters into the State Court in question and in a manner arranged in the Law of Criminal Events with a request to be examined and disassembled by the Judge at a court hearing.
., 4. The functional office of a prosecutor is a position that is a technical expertise in the prosecutor's organization, which is because its function allows the ability to perform the execution of the prosecutor's duties.
The Second Part
The position
Section 2
., (1) The Prosecutor of the Republic of Indonesia, subsequently in this Act called the prosecutor, is the governing body that exercised the power of the state in the field of prosecution.
.,, (2) The Prosecutor is one and not disdivided in conducting the prosecution.
Section 3
The exercise of state power as referred to in Article 2, is organized by the Supreme Court, the High Prosecutor, and the State Prosecutor.
The Third Part
The Position Place
Section 4
.,, (1) The Attorney General is based in the State Capital of the Republic of Indonesia and its legal area covers the territory of the State of the Republic of Indonesia.
., (2) The High Prosecutor in the Capital of the province and its jurisdiction encompasses the province of the province.
., (3) The District Attorney is based in the county capital or in the municipality or in the administrative city and its jurisdiction covers county or municipal territory and or administrative city.
BAB II
THE PROSECUTOR ' S ARRANGEMENT
The First Part
Common
Section 5
The prosecutor ' s array of attorney general, the Attorney General, and the State Attorney General.
Section 6
.,, (1) Susunan of the organization and the prosecutor ' s workforce are set out with the Presidential Decree.
(2) The Attorney High and the State Attorney are set up with the Presidential Decree.
Section 7
.,, (1) In the area the State Attorney ' s Law can be formed Branch of the State Prosecutor.
.,, (2) The State Attorney 's Branch was formed with the Attorney General' s Decision upon receiving approval from the Minister responsible in the field of the country ' s negation apparatus.
The Second Part
Prosecutor
Section 8
.,, (1) The prosecutor is a functional official who was appointed and dismissed by the Attorney General.
.,, (2) In conducting the prosecution of prosecutors acting for and on behalf of the country as well as responsible according to the hierarchy channel.
.,, (3) For the sake of justice and truth based on the Almighty God, the prosecutor did the prosecution with conviction based on the legitimate evidence tool.
., (4) In carrying out his duties and authority, the prosecutor is always acting on the basis of law and heeding the norms of religion, decency, and decency as well as being obliged to delve into the values of humanity, the law, and the justice that lives in. Society.
Section 9
The terms of being able to be appointed to the prosecutor are:
a. Indonesian citizens;
B. Put your trust in the Almighty God;
c. faithful to Pancasila and the Basic Law of 1945;
., d. is not a former member of the outlawed organization of the Communist Party of Indonesia, including its mass organization or not someone directly or indirectly involved in the "Contra Revolution G. 30 Movement". S/PKI " or other teriarang organization;
e. civil servants;
f. legal scholar;
G. Low-lived 25 (twenty-five) years old;
h. Authoring, honest, fair, and unreprehenable behavior;
i. passing education and exercise the establishment of a prosecutor.
Section 10
.,, (1) Before taking up his post, the prosecutor obliged to utter an oath or promise according to his religion or his beliefs, which read:
.,, "I swear/promise in earnest that I, to obtain my post this, direct or indirect by using any name or any way too, do not give or promise anything to anyone else".
"I swear that I, to do or do not do something in this office, will not be accepted directly or indirectly from anyone as well as a promise or a gift."
" I pledge that I, will be faithful to and will maintain and observe the Pancasila as the foundation and ideology of the country, the Constitution of 1945, and all the laws and regulations that apply to the State of the Republic. Indonesia ".
" I swear to you that I will keep my office honest, careful, and do not discriminate against the people, and shall take effect in carrying out my duty as well and as fair as it is for me. a prosecutor who is virtuous and honest in upholding the law and justice ".
(2) Prosecutors utter an oath or promise in the presence of the Attorney General.
Section 11
.,, (1) Unless otherwise specified by or under the legislation, the prosecutor should not be arrested:
., a., a. be a businessman; or
B. be legal counsel; or
c. doing other work that could affect the dignity of his post.
.,, (2) the office/work should not be caught by the prosecutor other than the post/work referred to in paragraph (1), set further with the Government Regulation.
Section 12
Prosecutors were honed with respect from his post because:
a. the request itself; or
B. Physical or spiritual pain continually continually; or
., c. has aged 58 (fifty-eight) years and 60 (sixty) years for the High Prosecutor's Chief and the Deputy High Prosecutor's office in the same office as the head of the High Prosecutor and the Deputy Chief Prosecutor of the High; or
D. turned out to be uncapable of running errands; or
e. passed away the world.
Section 13
(1) The prosecutor was dismissed not with respect from his post with reason:
., a., a. Convicted of guilty of felony criminal conduct; or
., b. continuously through an obligation to perform its tasks/work; or
c. violation of the prohibition referred to in Article 11; or
D. breaking the oath or appointment of the post; or
e. Doing despicable deeds.
.,, (2) The dismissal of the dismissal is not with respect for the reason referred to in verse (1) the letter b, c, d, and e, done after the prosecutor in question was given a sufficient opportunity to defend himself in the presence of the Attorney's Honor.
.,, (3) The formation, arrangement, and work of the Honorary Assembly of the Prosecutor as well as the defense of self-defense are set by the Attorney General.
Section 14
.,, (1) The prosecutor who was dismissed from the functional office of the prosecutor, is not by itself dismissed as a civil servant.
.,, (2) Before being discharged not with respect as referred to in Article 13 of the paragraph (1), the prosecutor in question may be temporarily dismissed from his post by the Attorney General.
.,, (3) Once a prosecutor is discharged temporarily from his functionalized office the provisions apply as referred to in Article 13 of the paragraph (2) of the opportunity to defend from.
Section 15
.,, (1) If against a prosecutor there is an arrest warrant that is followed by detention, by itself the prosecutor is temporarily dismissed from his post by the Attorney General.
.,, (2) The temporary Pit Stop can be performed by the Attorney General in the case of the prosecutor being prosecuted in the face of the court in criminal case as referred to in Article 21 of the paragraph (4) of Law No. 8 of the Year of 1981 without being held.
Section 16
Further provisions on the manner of dismissal with respect, dismissal are not due respect, and temporary stops, as well as the rights of functional office prosecutors affected by the dismissal are set up with Government Regulation.
Section 17
The prosecutor ' s functional office allowance is set up with the Presidential Decision.
The Third Part
Attorney General, Deputy Attorney General, and Prosecutor
The Young Great
Section 18
.,, (1) The JaksaAgunges are the leadership and the highest responsibility of the prosecutor who controls the execution of the duties and the authority of the prosecutor.
.,, (2) The Attorney General is assisted by a Deputy Attorney General and some Young Attorney General.
(3) The Attorney General and the Deputy Attorney General are the unity of the leadership element.
(4) The Young Attorney General is an auxiliary element of the leadership.
Section 19
The attorney general is appointed and dismissed by as well as responsible to the President.
Section 20
.,, (1) The Deputy Attorney General was appointed and dismissed by the President on the behalf of the Attorney General.
(2) The Deputy Attorney General is responsible to the Attorney General.
(3) That can be appointed Deputy Attorney General is the Young Attorney General.
Section 21
.,, (1) The Young Attorney General was appointed and dismissed by the President on the behalf of the Attorney General.
.,, (2) Who can be appointed the Young Attorney General is the Prosecutor as referred to in Article 8, who is experienced as the Chief Attorney of the High Office or the position to be equated with the office of the Chief Prosecutor.
.,, (3) The Young Attorney General can be lifted from outside the prosecutor ' s environment on the condition of having certain expertise.
.,, (4) The deputy attorney general and the Attorney General are dismissed with respect from his post because:
., a., a. the request itself; or
B. Physical or spiritual pain persists; or
c. have aged 60 (sixty) years; or
D. turned out to be uncapable of running errands; or
c. died.
Section 22
.,, (1) In terms of the Deputy Attorney General and the Attorney General the Younger is judged to be doing the deed that can lead to the dismissal of not with respect as referred to in Article 13 of the paragraph (1), the President on the suggestion the Attorney General may dismiss for While from his post before taking action on the dismissal.
., (2) The provisions of self-defense as referred to in Article 13 of the paragraph (2), apply also to the Deputy Attorney General and the Attorney General.
The Fourth Part
Head of the High Prosecutor, Deputy High Prosecutor,
State Attorney 's Chief, and Head of the State Prosecutor' s Branch
Section 23
.,, (1) The High Prosecutor 's head is the High Prosecutor' s head who controls the exercise of the duties and authority of the prosecutor ' s office as well as carrying out the policy set forth by the Attorney General.
.,, (2) The High Prosecutor ' s Head is assisted by a Deputy Chief Attorney General as a unity of the leadership element and some of the chief aide to the leadership.
Section 24
.,, (1) The State Attorney 's Chief is the Chief of the State Attorney who controls the execution of the duties and authority of the prosecutor' s office in his law area.
.,, (2) The State Attorney ' s head is assisted by some members of the lead helper element and the executor element.
.,, (3) The head of the State Prosecutor's Branch is the head of the State Prosecutor's Branch as referred to in Article 7, which controls the execution of the duties and authority of the prosecutor in some areas of the State Attorney's law which carries it out.
.,, (4) The head of the State Attorney ' s Branch is assisted by some of the executor elements.
Section 25
Who can be appointed Head of the High Prosecutor, Deputy, the Chief Prosecutor, the State Attorney's Chief, and the Chief Branch of the State Attorney's Office are the prosecutors who meet the terms set further by the Attorney General.
The Fifth Part
Expert power and Governance power
Section 26
.,, (1) On the prosecutor can be assigned a civil servant who does not occupy the functional office of a prosecutor who is appointed and dismissed by the Attorney General according to the laws of the applicable law.
.,, (2) Public servants as referred to in verse (1), can be appointed as an expert or tata power force to support the execution of the duties and authority of the prosecutor's office.
BAB III
THE TASK AND AUTHORITY
The First Part
Common
Section 27
.,, (1) In the criminal field, the prosecutor has a duty and authority a. doing prosecutions in criminal cases;
., b. carrying out the assignment of judges and court rulings,
c. perform surveillance on the execution of conditional despair;
., d. Supplementing a specific case file and for that may perform additional checks before being cast into the court which in its implementation is coordinated with investigators.
.,, (2) In the field of data and state governance, the prosecutor with special powers can act both inside and outside the court for and on behalf of the state or government.
.,, (3) In the field of public order and tranquility, the prosecutor co-hosted the activities:
., a., a. an increased awareness of the public law;
B. enforcement of law enforcement policies;
c. safeguard the circulation of the printed goods;
., d. control of a trust stream that can harm society and country;
e. Abuse prevention and/or religious desecration;
f. research and development of law as well as criminal statistics.
Section 28
The prosecution may ask the judge to place a defendant in a hospital or a place of mental care or any other place worthy of being able to stand alone or be caused by matters that can endanger people. other, the environment or its own.
Section 29
In addition to such duties and authority in this Act, the prosecutor can be addressed to other duties and authority under the law.
Section 30
In carrying out his duties and authority, the prosecutor fostered a relationship of cooperation with law enforcement agencies and justice as well as the state body or other agencies.
Section 31
The Prosecutor can give any consideration in the field of law to other government agencies.
The Second Part
Special
Section 32
The attorney general has a duty and authority:
., a., a. establish as well as control the policy of law enforcement and justice in the scope of the duties and authority of the prosecutor's office;
., b. coordinate the handling of certain criminal cases with related agencies under the laws that the President's implementation of the coordination is set up by the President
c. streamline the case for common interest;
., d. propose a cassation for the sake of the law to the Supreme Court in criminal matter, civil affairs, and state governance;
., e. submitted a technical consideration of the law to the Supreme Court in the examination of criminal cases of criminal proceedings;
., f. convey consideration to the President regarding the plea of pardon in the case of the criminal death;
., g. prevent or prohibit certain people from entering into or leaving the territory of the State of the Republic of Indonesia due to its involvement in criminal matters.
Section 33
.,, (1) The Attorney General gives permission to a suspect or a defendant in a particular case to drug or undergo treatment at the hospital both inside and abroad.
.,, (2) Permission in writing to be mediated or undergoing treatment within the country given by the local Chief Prosecutor on behalf of the Attorney General, whereas to drug or undergo treatment at a hospital abroad is only given by the Attorney General.
., (3) Permit as referred to in paragraph (1) and (2), provided only on the basis of the physician's recommendation, and in the case of his immediate treatment abroad the recommendation clearly states the need for that which is associated with not yet I suspect that the maintenance facility is in the country.
BAB IV
THE TRANSITION PROVISION
Section 34
Upon the beginning of the Act, all existing rules of conduct concerning the prosecutor are declared to remain in effect during the new provisions under this Act have not been issued and as long as the rules are not contradictory. with this Act.
BAB V
CLOSING PROVISIONS
Section 35
On the beginning of the Act, the Act No. 15 of 1961 on the provisions of the Principal Prosecutor of the Republic of Indonesia (the State Gazette of 1961 Number 254, Additional Gazette State Number 2298) and Law Number 16 1961 on the Establishment of the High Prosecutor (State Sheet of 1961 Number 255, additional State Sheet Number 2299) was declared not valid.
Section 36
This act came into effect on the date of the promulgations of Agarsetiaporanges, ordering the invitation of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on July 22, 1991
PRESIDENT OF THE REPUBLIC OF INDONESIA
SUHARTO
Promulgated in Jakarta
on July 22, 1991
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA
MOERDIONO
