EKSISTENSI KOMISI KEJAKSAAN REPUBLIK INDONESIA DALAM RANGKA MEWUJUDKAN PENEGAKAN HUKUM YANG BAIK DI INDONESIA
Abstract
In the Indonesian constitutional system, the Prosecutor's Office of the Republic of
Indonesia is one of the institutions that contribute to law enforcement. To improve the quality
and capability of prosecutors and prosecutorial employees, it is necessary to have an
institution that supervises, monitors, and assesses the performance of prosecutors and
prosecutors in carrying out their obligations, as stated in Article 38 of the Law on the
Prosecutor's Office of the Republic of Indonesia. On the basis of this, the Attorney General's
Commission of the Republic of Indonesia was formed as an additional institution that
specifically carries out this function. The research objectives of this thesis are first, to
analyze the existence of the Prosecutor's Commission as a state auxiliary agency based on
applicable laws and regulations. Second, to analyze the ideal arrangement of the
Prosecutor's Commission as a state auxiliary agency in order to realize good law
enforcement in the future.
This type of research can be classified into normative legal research with the
type of legal systematics and legal principles. This research uses data sources in the form of
secondary data with literature study-based data collection techniques.
From the results of the problem research there are two main things that can
be concluded. First, the existence of the Prosecutor's Commission as State Auxiliary Agencies
based on applicable laws and regulations, namely as an additional state institution that is
non-structural independent and is in the executive realm. Institutionally, the Prosecutor's
Commission is relatively weak starting from the position, legal basis, duties and authorities
and financial rights that are not yet independent. Second, the ideal arrangement for the
Prosecutor's Commission as a state auxikiary agency in order to realize good law
enforcement in the future is to clarify the position of the Prosecutor's Commission as an
independent institution, increase the legal basis at the level of the Law, simplify the task and
authority procedures and the independent financial rights of the Prosecutor's Commission.
The author's suggestions are First, the legislator should revise Article 38 of the Prosecutor's
Office Law and strengthen the position of the Prosecutor's Office Commission as an
independent institution with a regulation at the level of law. Second, it is recommended that
there be an expansion of the authority of the Prosecutor's Commission in the form of
executorial power. Third, the addition of authority for monitoring within a certain period of
time. Fourth, there is authority over financial rights by the Prosecutor's Commission
independently. Thus it will strengthen the existence of the Prosecutor's Commission in
realizing good law enforcement in the future.
Keywords: Existence, Prosecutorial Commission and Law Enforcement.
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