Studium Generale ITB: The Role of the Public Prosecution Service in Law Enforcement and National Development
BANDUNG, itb.ac.id — In an effort to achieve societal stability, the public prosecution service has a function in the field of peace and public order; prevention, supervision, as well as increasing legal awareness. In addition, the public prosecution service also runs functions in the civil and state administration fields. This function makes the attorney's office an institution that plays an important role in national development.
This was conveyed by the High Prosecutor Head General of West Java, Prof. Dr. Asep N. Mulyana in KU-4078 Studium Generale ITB with the theme "Role and Function of the Public Prosecution Service in the Implementation of Law Enforcement" on Wednesday (31/8/2022).
Prof. Asep explained that the public prosecution service is a government institution whose function is related to judicial power. On one hand, the public prosecution service enters the judiciary side which carries out prosecutions of defendants based on the violations they have committed. On the other hand, the public prosecution service also carries out executive functions representing the government, government institutions, and matters related to state administrative courts as state attorneys.
“The role of the public prosecution service in a judicial context is as a public prosecutor who is present at trials representing the state, the victims and the community to uphold their rights when violations happen. However, the public prosecution service also executes state power in the field of prosecution as well as other authorities in accordance with the law. This is (the reason) why the public prosecution service is said to be in the two divisions of the state's power." Prof. Asep explained further.
Prof. Asep said that legal services in the context of Civil and State Administration (DATUN) can be provided to individuals with the condition they involve state administrative courts. The public prosecution service can also provide legal guidance to government instances, BUMN and BUMD, and state institutions including universities such as ITB. Said legal guidance provided can be in the form of legal opinions, legal assistance, or legal audits.
The public prosecution service's authority in the judicial sector is divided into four stages from upstream to downstream. Starting from the preliminary investigation, full investigation, prosecution, up to the execution stage of the judiciary's decision. In supporting this authority, the public prosecution service has made efforts in the form of establishing the P3TPK Task Force, optimizing the return of state financial losses, and the Adhyaksa Monitoring Center (AMC).
Even so, not every case handled by the public prosecution service will end up in court. The public prosecution service has the power to consider whether the case file submitted is appropriate to be forwarded to the court or not. This is one of the public prosecution service's efforts which according to Prof. Asep aims to create laws that are sharp upwards and humanistic downwards.
"Restorative justice is regulated in Prosecutor's Regulation Number 15 Year 2020 which means that not all cases must be forwarded to court. If the harm outweighs the benefits, then we stop the prosecution process, we reconcile and mediate them, compensate if they ask for it, then the case is over," said Prof. Asep.
At the end of his presentation, Prof. Asep messaged that the responsibility for law enforcement in Indonesia is not only held by law enforcement officers. All elements of the nation need to be the pillars of law enforcement that protect the public interest according to the law, including students as a knowledgeable group with a spirit of collaboration.
Reporter: Hanifa Juliana (Urban and Regional Planning, 2020)
Translator: Hanna Daniela Ayu (Aerospace Engineering, 2021)
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