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Indonesia
time:2016-12-15 Source:The Public Prosecution Service of the Republic of Indonsia  

Vision & Mission

 
Vision

“For the Public Prosecution Service to become a law enforcement that is clean, efficient, transparent, and accountable, providing optimal services as part of the effort to ensure the supremacy of law in a professional, proportional and honorable manner, founded upon the principle of justice, truth and probity.   ”


Mission

1. To optimize the performance of the Public Prosecution Service’s functions in the discharge of duties and exercise of powers, both as regards quantity and quality, in the handling of criminal, civil and administrative cases, and to optimize the intelligence functions of the Public Prosecution
Service in a professional, proportional and honorable manner through the application of standard operating procedures that are appropriate, well-designed, focused, effective and efficient.
2. To optimize the role of development and supervision so as to support other divisions in the performance of their duties, particularly as regards law enforcement.
3. To optimize public services in the legal field based upon full responsibility, principals, effectiveness and efficiency, and to hold the rights of the public in high regard.
4. To reform and reengineer the organizational structure of the Public Prosecution Service and the management information system, particularly through the implementation of the quick-wins program so that it may be easily accessed by the public, the preparation of a Blueprint for the development of Public Prosecution Service’s human resources over the mid and long terms up
to 2015, the reform and reengineering of financial information, improving infrastructure and facilities, and improving the welfare of staff through better remuneration so that ensure a more effective, effcient, transparent, and accountable performance on the part of the Public Prosecution Service.
5. To produce Public Prosecution Service officials who are reliable, resilient, professional, and imbued by a high level of morals and ethics so as to support to performance and discharge of the organization’s principal duties, function and powers, particularly as regards the duty of equitable law enforcement and other related duties.


Duties & Powers

 

According to article 30 of Law Number 16 of 2004 on the Public Prosecution Service, the duties and powers of the Public Prosecution Service are as follows:

Criminal arena:

•To conduct prosecution;
•To enforce judicial orders and decisions of final and conclusive effect;
•To conduct supervision of those serving conditional sentence, placed under supervision orders, or released on parole;
•To investigate certain types of suspected crime as stipulated by law;
•To complete certain types of case files, and for such purposes to conduct additional investigations prior to the forwarding of such files to the court, which investigations are in practice carried out in condition with the investigators.

In the Public order and security arena, the Public Prosecution service has the following duties:

• Working to improve the public’s awareness of the law;
•Upholding law enforcement policies;
• Oversight in respect of the circulation of printed materials;
• Oversight in respect of religious beliefs that could endanger society and the state;
• Preventing the misuse and/or denigration of religion;
• Conducting legal research and development, and compiling crime statistics.

Civil and Administrative Arena

The Public Prosecution Service, based on special authority, may act both at home and abroad for and on behalf of the state or government.

 

Introduction

 

The Public Prosecution Service, as the government institution that exercises the prosecutorial power of the state and other powers conferred by law, has the objective of serving the public through the handling of cases in a straightforward, fast and cost-effective manner. In the exercise of the powers of state vested in the Public Prosecution Service, every effort is made to ensure effciency, effectiveness, continuity, focus and comprehensiveness.
Fom year to year, the Public Prosecution Service is developing and reforming so as to adjust itself in line with new legislation or to the expectations of the public. Thus, in 2011 the Public Prosecution Service adopted a series of measures so as to ensure maximum and optimal performance of its duties. With the passing of 2011, the Public Prosecution Service needs to map out the various measures and efforts that were adopted or made so as to identify the level of achievement of the targets adopted at the start of the year. This is particularly true as regards the core business of the Public Prosecution Service, namely, the handling of cases involving both general crimes and crimes of corruption.
For the Public Prosecution Service, the effort to achieve targets that accord with the expectations of the public is a far from easy challenge, but one that must nevertheless be tackled. The Public Prosecution Service is all too aware that the process of dealing with cases is not as easy as some imagine. The frequency of various types of crimes and violations are continuously increasing, as is the complexity of crimes. there has also been reforms of our modus operandi, including as regards the proving of mens rea and actus reus. the issue of why the Public Prosecution Service as an institution regularly faces constraints in the prosecution of crimes shall be one the principal topics discussed in this Annual Report on the work of the Public Prosecution Service. The challenges facing the Public Prosecution Service in the discharge of its duties are not only external in nature, but also internal. Based on an internal approach, the Public Prosecution Service is implementing reforms in all line units, both at the center and in the regions, including as regards the Service’s personnel. Meanwhile, the external challenges, such as criticism, are regarded by us as constructive and valuable input that is of great benefit to us in our efforts to reform the Public Prosecution Service. For that reason, the Public Prosecution Service is engaged in a continuous process of change through the optimization and honing of strategies for the handling of corruption cases so as to recover state funds and increase state revenue.
With regard to the relationship between the law and the international arena, the Public Prosecution Service continuously forges collaborative arrangements with other countries with which Indonesia has yet to sign an Mou or MlA. Such collaboration is essential for the return of state assets and losses, where the assets involved are in the hands of third parties overseas.
The Public Prosecution Service is fully aware that the present situation is still a long way from perfect. nevertheless, the Service frmly believes that it not selective in its handling of cases, whether general crimes, special crimes, civil or administrative.

 

The Public Prosecution service at a Glance

 

The Public Prosecution Service is the government institution that exercises the prosecutorial power of the state. As an institution that operates in the fields of law enforcement and justice, the Public Prosecution Service is headed by the Attorney General, who is appointed and removed by, and is directly accountable to, the President. The Attorney General’s Offices, Provincial Prosecutor’s Offices, District Prosecutor’s Offices and Sub Prosecutions Offices are all charged with exercising the prosecutorial power of the state, and all form part of and constitute an integral and inseparable entity.

 

*Public Prosecution Service Profile

The Public Prosecution Service is the government institution that exercises the prosecutorial power of the state. As an institution that operates in the fields of law enforcement and justice, the Public Prosecution Service is headed by the Attorney General, who is appointed and removed by, and is directly accountable to, the President. The Attorney General’s Office, Provincial Prosecutor’s Office, District Prosecutor’s Office and Sub Prosecutions Office are all charged with exercising the prosecutorial power of the state, and all form part of and constitute an integral and inseparable entity.
Under law no. 16 of 2004, which superseded Law Number 5 of 1991 (on the RI Public Prosecution Service), the Public Prosecution Service is the only law enforcement institution whose primary role is the upholding of legal supremacy (due process), the protection of the public interest, the upholding of human rights, and the eradication of corruption, collusion and nepotism. Under the 2004 legislation, the RI Public Prosecution Service, as the government institution responsible for exercising the power of the state in the prosecutorial field, must perform its duties in an independent manner, free from the influence of government or third parties (article 2(2) of law number 16 of 2004).
In the performance of its duties and discharge of its authority, the Public Prosecution Service is led by the Attorney General, who is assisted by a Deputy Attorney General and a number of Junior Attorneys General and the Head of the education and training Bureau. Law number 16 of 2004 on the Republic of Indonesia Public Prosecution Service also provides that the Public Prosecution Service plays a central role in monitoring the resilience of the nation.
This is because the Public prosecution Service is responsible for investigation certain types of cases, bringing prosecutions, playing an intermediary position between the investigation process and the trial process, and ensuring the enforcement of judicial orders and decisions of final and conclusive effect. Thus, the Public Prosecution Service controls the processing of a case (dominus litis) as it is the institution that determines whether a case should proceed to court based on admissible evidence, as defined by the Criminal Procedures Code.
It should also be noted at this juncture that the Public Prosecution Service is the only state organization responsible for the implementation of judicial decisions (executive ambtenaar). Besides its role in criminal cases, the Public Prosecution Service also plays other roles in the civil and administrative spheres, including acting as the state’s attorney in representing the government in matters of law enforcement, legal aid, giving legal advice, and other legal actions on behalf of the state or government, including state institutions/agencies, central and local government enterprises, such as safeguarding and recovering state assets, and providing legal services to the public. Prosecutors have the right to bringing public prosecutions and to execute judicial decisions, and enjoy other powers as conferred by law.

 

* Organizational Structure

The structure of the Republic of Indonesia Public Prosecution Service was reformed by virtue of Attorney General’s Regulation No.009/A/JA/01/2011 on the Organization and Work Procedures of the Republic of Indonesia Public Prosecution Service.
The Attorney General is the leader and highest office holder in the Public Prosecution Service, and is responsible of the duties and powers of the Public Prosecution Service. In the implementation of his duties and authority, the Attorey General is assisted by a Deputy Attorney General and a number of Junior Attorneys General, as well as a Bureau Heaed. The Junior Attorneys General are as follows:
(1) sdf Junior Attorney General Development; (2) Junior Attorney General Intelligence; (3) Junior Attorney General General Crimes, (4) Junior Attorney General Special Crimes, (5) Junior Attorney General Civil and Administrative; (6) Junior Attorney General Supervision; and (7) Head of the Education and training Bureau.
The Deputy Attorney General has the duties of assisting the Attorney General in the implementation of his duties and authority and of representing the Attorney General should the Attorney General be unavailable, as well as such other duties as may be assigned to him by the Attorney General. the Junior Attorney General Development has the duties of conducting planning, developing infrastructure and facilities, organizational and administrative procedures, human resources and fnancial administration, managing state assets, providing legal opinions, preparing legislation and regulations, engaging in overseas collaboration, and providing other technical services and support.
The Junior Attorney General Intelligence has investigative, security and support duties concerned with the prevention of crime so as to support law enforcement of a preventive or coercive nature in the areas of ideology, politics, economics, fnance, socio-cultural, defense and security; imposing travel bans, and helping uphold public order and security.
The Junior Attorney General General Crimes has the duty of managing cases involving general crimes, including during the pre-prosecution, additional investigation, prosecution, appeal, and execution of judgment stages; examination and supervision of of those serving conditional sentence, placed under supervision orders, or released on parole, and other legal actions.
The Junior Attorney General Special Crimes is responsible for managing certain types of criminal case that are governed by special criminal procedures, including during the preprosecution, additional investigation, prosecution appeal, and execution of judgment stages; examination and supervision of those serving conditional sentence, placed under supervision orders, or released on parole, and other legal actions.
The Junior Attorney General Civil and Administrative has the duty of managing civil and administrative cases, including as regards law enforcement, acting as the state’s attorney, providing legal advice, and undertaking legal actions on behalf of the stateand government, including state institutions/agencies, central and local government institutions/agencies, and central and local government enterprises, such as safeguarding and recovering state assets, and providing legal services to the public.
The Junior Attorney General Supervision is responsible for the conducting of effective internal supervision through planning, implementation and control over the implementation of supervision in respect of the performance and financial management of the Public Prosecution Service, and the implementation of supervision for particular purposes based on assignments from the Attorney General in accordance with the provisions of the laws and regulations in effect.
The Education and Training Bureau is charged with the duty of providing education and training in the context of strengthening and developing the competencies and professionalism of Public Prosecution Service personnel.


 

Bureaucratic Reform 

 

As part of the integrated system of criminal justice, the Public Prosecution Service and the other components of the criminal justice system are each assigned particular roles in bringing about legal reform in Indonesia. In doing so, the Public Prosecution Service, as one of the sub-systems of the integrated criminal justice system, needs to work closely with the other components of the criminal justice system through collaboration, coordination, such as based on Memoranda of Understanding (MoU) or Joint Agreements with the Supreme Court, National Police, Corruption Eradication Commission, the Ministry of Law and Human Rights, and the other institutions that form part of or are involved in the criminal justice system.
The RI Public Prosecution Service commenced its bureaucratic reform program in 2008. In 2009, the Service submitted its report on the implementation of phase I of the program to the Minister of Administrative Affairs and Bureaucratic Reform, who assigned an independent committee to evaluate the report. The said committee reported at the end of 2009 that the reform program was being successfully implemented by the Public Prosecution Service. As a result, the Minister approved the awarded of incentives to Public Prosecution Service staff. The process of approving and distributing incentive payments took quite a long time (approximately two years). Without waiting for the process to be completed, the Public Prosecution Service  decided to push ahead with the reform program.
The objective of bureaucratic reform is to create a Public Prosecution Service that is modern and prioritizes the public services in the prosecutorial arena. This is to be brought about thorough reform of organizational structures, business processes, and human resources aspects, and, no less important, through the establishment of a bureaucracy that reflects democratization, and embodies the principles of effectiveness and efciency, transparency and accountability, and responsibility in the context of providing quality services to the public.
The process of bringing about change and improvement has to start internally with a high level of commitment, accompanied by a high level of integrity and consistency. The momentum for bureaucratic reform that currently exists must be availed of to the maximum as an effective means of creating change, improving performance and restoring public trust in the Public Prosecution Service. In the context of law enforcement, there needs to be a change in paradigm by focusing of conscionable law enforcement that is orientated towards justice, certainty and legal beneft.

 

 

 

 

Contact us
Mr. Deng Guangming, Assistant Prosecutor, Division Chief of International Cooperation, General Office
The People's Procuratorate of Guangxi Zhuang Autonomous Region
Tel: +86-771-5506175 E-mail:dmg2939@163.com
Address:3 Fengxiang Road, Nanning, Guangxi P.R. China