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Law Enforcement Agencies

Legal Basis

Role

Authority/Duties

1

POLRI or National Police of the Republic of Indonesia (POLRI or Kepolisian Negara Republik Indonesia)

Law of the Republic of Indonesia Number 2 of 2002 concerning the National Police of the Republic of Indonesia (Undang-Undang Republik Indonesia Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia or UU No. 2/2002)

The police are the front guard in the law enforcement process in Indonesia. The police are one of the legal instruments tasked with maintaining public order, maintaining security and protecting the community. The police play a role as investigators in law enforcement related to criminal acts.

The authority of the POLRI includes the following

1) Carry out arrests, detention, searches and confiscations.

2) Prohibit anyone from leaving or entering the crime scene for investigation purposes.

3) Bring and present people to investigators in the context of an investigation.

4) Tell the suspected person to stop and ask and check their personal identification.

5) Summon people to be heard and examined as suspects or witnesses.

6) Submit case files to the public prosecutor.

2

Prosecutor’s Office of the Republic of Indonesia (Kejaksaan Republik Indonesia)

Law of the Republic of Indonesia Number 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia (Undang-Undang Republik Indonesia Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia or UU No. 16/2004)

In the law enforcement process, prosecutors are required to uphold the supremacy of the law, uphold human rights, eradicate corruption, collusion and nepotism (korupsi, kolusi, dan nepotisme or KKN), as well as protect public interests.

The authority of the prosecutor’s office is grouped into three areas in accordance with Law of the Republic of Indonesia Number 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia, as follows:

1) Criminal sector The authority of the prosecutor in the criminal sector, namely: Carrying out prosecutions Carrying out judge’s determinations and court decisions which have permanent legal force. Supervise the implementation of conditional criminal decisions, supervised criminal decisions, and conditional release decisions. Carrying out investigations into certain criminal acts based on law. Complete certain case files and carry out additional examinations before finally submitting them to court.

2) Civil and state administration sector In the civil and state administration sector, the prosecutor with special powers can act, both inside and outside the court for and on behalf of the state or government.

3) In the field of public order and peace. The authority of the prosecutor in the field of public order and peace, namely: Increasing public legal awareness. Securing law enforcement policies. Research and development of law and criminal statistics.

3

Judge

Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Powe (Undang-Undang Republik Indonesia Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman or UU No. 48/2009)

Judges themselves are classified into three types, namely:

1) Judges on the Supreme Court are called Supreme Court Justices.

2) Judges in judicial bodies under the Supreme Court (general court, religious court, military court).

3) Judges on the Constitutional Court are called Constitutional Judges

The authority of the Judge includes the following

1) Judges serve in the realm of justice. In the law enforcement process, the judge’s role is to adjudicate.

2) Adjudicating is a series of actions by judges to accept, examine and decide legal cases based on the principles of freedom, honesty and impartiality.

3) The adjudication process is carried out based on the provisions of the law.

4) In the process of administering justice, judges are given independent powers. This means that judges must not be influenced by other powers in deciding cases

4

Advocate

Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates (Undang-Undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat or UU No. 18/2003).

An advocate is a party whose profession is to provide legal services such as legal consultation, legal assistance, exercising power of attorney, representing, assisting, taking legal action, and defending. The provision of legal services is carried out both inside and outside the court.

The main duties of an advocate in the law enforcement process are:

1) Providing services to people who are seeking justice.

2) This includes efforts to empower the community to be aware of their fundamental rights before the law.

5

Corruption Eradication Commission (Komisi Pemberantasan Korupsi or KPK)

Law of the Republic of Indonesia Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission (Undang-Undang Republik Indonesia Nomor 19 Tahun 2019 tentang Perubahan Kedua atas Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi or UU No. 19/2019)

The Corruption Eradication Commission (KPK) is an independent state institution tasked with eradicating corruption in a professional, intensive and sustainable manner. Being independent means that the KPK in carrying out its duties and authority is free from any other power. Then, in carrying out its duties, the Corruption Eradication Committee is guided by five principles, namely legal certainty, openness, accountability, public interest and proportionality.

The duties of the Corruption Eradication Committee in terms of law enforcement for criminal acts of corruption are:

1) Coordination with agencies authorized to eradicate criminal acts of corruption.

2) Supervision of agencies authorized to eradicate criminal acts of corruption.

3) Carrying out inquiries, investigations and prosecutions of criminal acts of corruption.

4) Carry out measures to prevent criminal acts of corruption.

5) Monitoring the administration of state government