Act No. 5 Of 1991

Original Language Title: Undang-Undang Nomor 5 Tahun 1991

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e531b88f0b6dc313231333231.html

ACT 5-1991 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 59, 1991 (Administration. STATE AGENCIES. CRIMINAL OFFENCE. PROSECUTOR'S OFFICE. Citizen. Additional explanation in the State Gazette of the Republic of Indonesia Number 3451) legislation of the REPUBLIC of INDONESIA number 5 in 1991 ABOUT the PROSECUTOR'S OFFICE of the REPUBLIC of INDONESIA with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the renewal of efforts to improve the national law in the Republic of Indonesia as a State of law based on Pancasila and the 1945 Constitution, then it is considered necessary to further solidify the position and the role of Attorney General of the Republic of Indonesia as government institutions which exercise the State power in the field of prosecution in order to power badanbadan enforcement law and justice;
.,, b. that law number 15 in 1961 about the provisions of principal State Attorney of the Republic of Indonesia and Act No. 16 in 1961 about the formation of the High Prosecutor's Office, was not in accordance with the law as well as growth and development of the Republic of Indonesia's attempt, and therefore need to be repealed;
.,, c. that therefore needs to be formed a new Act in lieu of the second law as referred to in subparagraph b;
.,, Considering: 1. Article 5 paragraph (1), article 20 paragraph (1) of the Constitution of 1945;
., ,2. Act No. 14 of 1970 on the provisions of principal Power of Justice (State Gazette Number 74 in 1970, an additional State Gazette Number 2951);
., ,3. Act No. 8 of 1981 on the law of criminal procedure (State Gazette Number 76 of 1981, additional State Gazette Number 3209);
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on PROSECUTOR'S OFFICE of the REPUBLIC of INDONESIA.

CHAPTER I GENERAL PROVISIONS article 1 the first part of Understanding In this law is the:.,, 1. Prosecutors are officials who are empowered by this Act to act as a public prosecutor as well as implement the Court decision which has acquired the force of law.
., ,2. The public prosecutor is the Prosecutor who was authorized by this Act to do prosecution and carry out the determination of the judge.
., ,3. The prosecution is the Act of the public prosecutor to delegate the matter to the Court of State authorities in terms and according to the manner provided for in the law of criminal procedure with the request so that the review and terminated by a judge in the Court of session.
., ,4. The Office of the Prosecutor's Office is a functional nature of technical expertise in the organisation of the Prosecutor's Office because of its function allows the smooth implementation of the Attorney.
The second part of article 2, the Position, (1) the Attorney General of the Republic of Indonesia, in this Act referred to prosecutors, is that government institutions exercise the State power in the field of prosecution.
.,, (2) the Attorney is one and not terpisah-pisahkan in the conduct of the prosecution.
Article 3 implementation of State power as referred to in article 2, organized by the great Kejaksanaan, High Prosecutor's Office, and the State Prosecutor.

The third part of article 4 Seat.,, (1) the Attorney General based in the capital of the Republic of Indonesia and the ruling covers an area of State power of the Republic of Indonesia.
.,, (2) the Prosecutor is based in the provincial capital and the ruling covers an area of the province.
.,, (3) the State Prosecutor based in the capital of the county or municipality or in the city's administrative and law area covers an area of the county or municipality and the city or administrative.
CHAPTER II COMPOSITION of the ATTORNEY General first part of article 5 of the order of the Attorney terditi Attorney General, Attorney General, and State Prosecutor.

Section 6.,, (1) the order of the Organization and the work of prosecutors established by presidential decree. (2) the Prosecutor and the State formed by presidential decree.

Chapter 7.,, (1) In the area of State law could be established branches of the State Prosecutor.
.,, (2) the State Branches formed by decision of the Attorney General after obtaining approval from the Minister responsible in the field of utilization of State apparatus.
The second part of article 8, the Prosecutor, (1) a Prosecutor is appointed and functional officials dismissed by the Attorney General.
.,, (2) in conducting the Prosecution Attorney to act for and on behalf of the State as well as responsible according to the hierarchical channels.
.,, (3) for the sake of Justice and truth based on Ketuhan Almighty, prosecutors conduct prosecutions with convictions based on evidence.
.,, (4) in carrying out the tasks and authority, prosecutors always act according to the law and heeding religious norms of decency and morality, as well as the obligatory dig humanitarian values, law and justice are alive in the community.
Article 9 the terms to be appointed attorney is: a. citizen of Indonesia;

b. the pious to God Almighty;

c. loyal to Pancasila and the 1945 Constitution;., d., not former members of the illegal organization of the Communist Party of Indonesia, including the Organization of mass or not someone involved directly or indirectly in the "movement of the Counter-revolution G. 30. S/PKI "or other teriarang organizations; e. civil servants;

f. law degree;

g. age of perfect humility 25 (twenty-five) years;

h. authoritative, honest, fair, and not a dishonorable Act;

i. establishment of the education and practice of graduation of the Prosecutor.

Section 10.,, (1) Before assuming office, the Prosecutor is obliged to pronounce the oath or promise according to religion or beliefs, which reads:.,, "I swear/solemnly promise that I, my Office in order to obtain, directly or indirectly, with the use of the name or any way, also does not give or promise anything to anyone goods".

"I swear/I promise that, to do or not do something in the Office, there surely will be received directly or indirectly from any person or a promise awarding also."

"I swear/I promise you that, be loyal to and will maintain and apply Pancasila State ideology and as a basis, the 1945 Constitution and all other laws as well as other regulations that apply to the Republic of Indonesia".

"I swear/I promise that, always will run my Office honestly, thoroughly, and with no membedabedakan person and would apply in the discharge of my duty as well as possible and seadil-fair as well as for a prosecutor who has good and honest in enforcing the law and justice". (2) the Prosecutor's oath or promise before the Attorney General.

Section 11.,, (1) unless specified otherwise by or under the laws, prosecutors must not be concurrently:.,, a. become entrepreneurs; or b. became the General Counsel; or c. doing other work that may affect the dignity of his Office.
.,, (2) Position/job that should not be assumed by a prosecutor other than the Office/employment referred to in subsection (1), governed more by government regulations.
Article 12 the Prosecutor dismissed with respect from his post because: a. a request myself; or b. the physical or spiritual pain constantly; or, c.., has aged 58 (fifty-eight) years and sixty (60) years for the Chief Prosecutor and Deputy Chief Prosecutor alau position equated with the Chief Prosecutor and Deputy Chief Prosecutor; or d. was not qualified to perform tasks; or e. died.

Article 13 (1) the Prosecutor dismissed not respectfully from his post with the reason:.,, a. are convicted because of guilty of the crime of crimes; or, b. the continuous neglect of obligation in carrying out tasks/of its work; or c. violate the prohibition referred to in article 11; or d. violates the oath or a promise of Office; or e. doing despicable.
.,, (2) Proposing the dismissal is not with respect to the reason referred to in subsection (1) letter b, c, d, and e, made after the Prosecutor concerned are given the opportunity to defend himself before the Tribunal prosecutor's Honor.
.,, (3) the establishment, composition, and the work of the Tribunal prosecutor's Honor as well as a self-defense mechanism established by the Attorney General.
Clause 14.,, (1) the Prosecutor who was dismissed from the Office of the Prosecutor, not functional by itself was dismissed as civil servants.
.,, (2) before the not dismissed with respect as stipulated in article 13 paragraph (1), the Attorney in question can be dismissed from Office by the interim Attorney General.
.,, (3) After a prosecutor dismissed from Office while also applies its current status conditions as referred to in article 13 paragraph (2) of the opportunity to defend from.
Section 3.,, (1) In response to a prosecutor orders the arrest followed by detention, by itself the Prosecutor was dismissed from his post by the interim Attorney General.
.,, (2) suspension may be made by the Attorney General in terms of attorney required in advance of the courts in criminal cases as referred to in article 9 paragraph (4) of law No. 8 of 1981 without being arrested.
Article 16 further Provisions regarding the procedures for dismissal with respect, not with respect, dismissal and suspension, as well as the rights of the Office of the Prosecutor's dismissal affected functionally regulated by government regulations.

Article 17 Benefits of functional Office Attorney arranged by presidential decree.

The third section of the Attorney General, the Deputy Attorney General, and Attorney General Young Article 18., JaksaAgungadalahpimpinan, (1) and the Supreme Prosecutor's Office responsible for controlling the execution of the duties and powers of attorney.

.,, (2) the Attorney General is assisted by a Deputy Attorney General and some of the Young Attorney General. (3) the Attorney General and the Deputy Attorney General is the Union of the elements of the leadership.

(4) the Attorney General is a Young helper elements of leadership.

Article 19 the Attorney General is appointed and dismissed by and accountable to the President.

Article 20.,, (1) the Deputy Attorney General is appointed and dismissed by the President upon the suggestion of the Attorney General. (2) the Deputy Attorney-General responsible to the Attorney General.

(3) was appointed Deputy Attorney General is the Attorney General.

Clause 21.,, (1) the young Attorney General appointed and dismissed by the President upon the suggestion of the Attorney General.
.,, (2) that can be elevated to the Young Attorney General is the public prosecutor as referred to in article 8, which is experienced as the Chief Prosecutor or the term used interchangeably with the term of the Chief Prosecutor.
.,, (3) the young Attorney General can be removed from outside the environmental Prosecutor's Office with specific skills requirement.
.,, (4) the Deputy Attorney General and Attorney General dismissed with respect to the young from his post because:.,, a. own request; or b. the physical or spiritual pain continuously; or c. has been the age of sixty (60) years of age; or d. was not qualified to perform tasks; or c. died.
Section 22.,, (1) in the case of the Deputy Attorney General and Attorney General Young assessed doing that can cause dismissal not respectfully as stipulated in article 13 paragraph (1) above, the President suggested the Attorney General may lay off for a while from his post before the dismissal of the action taken.
.,, (2) the provisions of self-defense as stipulated in article 13 paragraph (2), applies to the Deputy Attorney General and Attorney General.
The fourth part of the head Prosecutor, Deputy Chief Prosecutor, State Attorney's Head, and the head of the branch of the State Attorney's Article 23.,, (1) the head Prosecutor was Chairman of the high Prosecutor's Office controls the execution of the duties and powers of Attorney in the area of law and implement policy set by the Attorney General.
.,, (2) the Chief Prosecutor is assisted by a Deputy Chief Prosecutor as the unity of the elements of leadership and some people associate the leadership element.
Pasal 24.,, (1) the head of State is the leader of the State that controls the execution of the duties and powers of Attorney in the area of the law.
.,, (2) the head of the State Prosecutor are assisted by some elements of the leadership and implementing elements of the helpers.
.,, (3) the head of a branch of the State is the leader of a branch of the State referred to in article 7, that control the execution of the duties and powers of Attorney in most areas of the law of a State Prosecutor membawahkannya.
.,, (4) the head of a branch of the State Prosecutor are assisted by some elements of the executor.
Article 25 which can be elevated to the Chief Prosecutor, Deputy Prosecutor, Chief, head of State, and head of the branch of the State Prosecutor was Attorney who meets the requirements set out further by the Attorney General.

Part five Experts and The Energy Article 26.,, (1) the Attorney General may be assigned civil servants who do not occupy the Office of the prosecutor appointed functional and dismissed by the Attorney General, according to the legislation in force.
.,, (2) civil servants referred to in subsection (1), may be appointed as experts or administrative personnel to support the implementation of the tasks and powers of attorney.
CHAPTER III DUTIES and AUTHORITIES of the General first part article 27.,, (1) in the areas of criminal, the Attorney has the duty and the authority of a. do the prosecution in criminal cases;
.,, b. carry out the determination of the judges and the Court ruling, c. conduct surveillance against the execution of conditional keputusanlepas;.,, d. complete a specific docket and to it can do additional checks before being assigned to the Court in its implementation is coordinated by investigators.
.,, (2) in the field of civil and administrative State, Attorney with special powers may act both inside and outside the Court for and on behalf of the State or the Government.
.,, (3) in the field of public order and peace, the Prosecutor undertook to organise activities:.,, a. awareness of law society;

b. security policy enforcement;

c. security of the circulation of printed matter;.,, d. supervision of beliefs that can endanger the society and the State; e. Prevention of abuse and/or desecration of religion;

f. research and development law and criminal statistics.
Article 28 the Attorney General can ask a judge to place the accused at the hospital or place of treatment of the soul or any other place it deserves because it concerned not being able to stand on its own or is caused by things that can harm other people, or the environment itself.

Article 29 in addition to the duties and authorities in this Act, the Attorney General can be delegated other duties and authorities under the laws.

Article 30 in the discharge of duties and authority, Prosecutor foster relationships of cooperation with law enforcement agencies and justice as well as the body of the State or other agencies.

Article 31 the Attorney can give consideration in the field of law to other government agencies.

The second part of a special Article 32 the Attorney General has the duty and authority:.,, a. set as well as the control of law enforcement and justice policies within the scope of the task and powers of Attorney;
.,, b. coordinate the handling of certain criminal cases with relevant agencies under the coordination of the implementation of laws laid down by the President; c. menyampingkan things for the sake of the public interest;., d., filed the appeal in the interest of the law to the Supreme Court in criminal, civil, and administrative State;
.,, e. filed a technicality of the law to the Supreme Court of Cassation in the examination of criminal cases;
.,, f. convey consideration to the President regarding the petition for clemency in the case of criminal dead;
.,, g. prevent or prohibit certain people to enter into or leave the territory of the Republic of Indonesia because of his involvement in criminal cases.
Article 33,, (1) the Attorney General gives permission to a suspect or defendant in a particular thing for medical treatment or undergoing treatment in the hospital both inside and outside the country.
.,, (2) a written Consent to medical treatment or undergo treatment within the country given by the head of the local State Prosecutor on behalf of the Attorney General, while for medical treatment or undergoing treatment in hospitals abroad are only given by the Attorney General.
.,, (3) the permit referred to in subsection (1) and (2), only given on the basis of the recommendation of the doctor, and in case of need for treatment abroad recommendations are clearly stated the need for it has not been associated with the mencukupinya the maintenance facilities in the country.
CHAPTER IV TRANSITIONAL PROVISIONS Article 34 at the time of starting the enactment of this Act, all regulations existing regarding the implementation of the Prosecutor's Office stated remains valid as long as the provisions of the new Act has not been issued and all rules that are not contrary to this Act.

Chapter V CLOSING PROVISIONS Article 35 at the time of starting the enactment of this Act, then the Act number 15 in 1961 about the provisions of principal State Attorney of the Republic of Indonesia (State Gazette 1961 Number 254, the extra Sheet country number 2298) and Act No. 16 in 1961 about the formation of the Prosecutor (State Gazette 1961 Number 255, an additional Sheet country number 2299) stated do not apply.

Article 36 this Act comes into force on the date of promulgation Agarsetiaporangmengetahuinya, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on July 22, 1991 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on 22 July 1991 MINISTER/STATE SECRETARY MOERDIONO of INDONESIA