Attorney’s Independence in Implementing Law Enforcement Duties: Challenges and Development

Abstract

As part of the implementer of judicial power, the attorney must also obtain a guarantee of independence in exercising its duties and functions. Without an independent attorney, it is impossible for an independent judicial authority to be realized. This research is descriptive with normative-juridical type. The approaches used were statutory, conceptual, analytical and case, and comparative by using deductive and inductive reasoning. The results show that implementing the attorney’s independence must be realized in the form of an independence guarantee for the executing apparatus (prosecutor and attorney general) in exercising law enforcement duties. It is not in the form of institution independence as happened during the guided democracy up to now. The establishment of the attorney as an independent institution apparently is not directly proportional to the independence in the implementation of duties and functions in the field of law enforcement that is right under the authority of the President. When the independence of the attorney is implemented in the form of individual independence of the prosecutors and the Attorney General, it brings positive implications for the implementation of law enforcement duties.

Keywords: Attorney; Prosecutor; Legal Structure; Independence

DOI: 10.7176/JLPG/95-14

Publication date:March 31^st 2020