THE ROLES OF PUBLIC PROSECUTOR IN IMPLEMENTING UNWRITTEN LAW ON CRIMINAL CASES IN INDONESIA

Abstract

As a modern state, the Constitution of 1945 as the Constitution of the Republic of Indonesia has resolutely determined that one of the characteristics of Indonesian government system is the application of law principles and not the application of state sole power. Under the provisions of the Constitution, Indonesian government has a limited power and is not allowed to conduct arbitrer actions. The basic legal principles adopted must be reflected in the practices of state administration. That is, in practice of the Indonesian state administration, the law should control the power and not the other way around. However, in reality the conditions of law enforcement in Indonesia has been very alarming. In addition, discrimination against justice seekers is also increasingly visible due to various social conflicts of interests and fraud considerations such as social or political background and one's position in the social strata. Consequently, the sharp sword of justice is only going downwards, but blunt upwards. To overcome these problems, it is necessary to develop the role of public prosecutor to apply not only written law, but also unwritten law against various forms of criminal cases. By doing so, a prosperous society both in terms of welfare and justice can be realized.

Keywords: The role of the prosecutor, unwritten law, criminal case, Indonesia.