EMPOWERING THE PROSECUTION SERVICE IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA

Uncertainty regarding the position of the Prosecutor Service in the constitutional system in Indonesia often lead to ambivalence in law enforcement, the position of the Prosecutor Service as government agencies that perform state power in the prosecution, meaning that from the institutional side, Prosecutor is an institution that is in the realm of executive power. Meanwhile, in performing their duty in prosecuting in the court of law, they became a part of the judiary power. Dual Obligation (in one side the prosecutor need to be independent in performing their duty, and in the other side as institution, they belong to executive) is in turn often lead to doubts about the their objectivity in taking important decisions related to the handling of criminal cases especially it related to the interests of the Government. Long debate about the independence of the Prosecutor and its position in the constitutional structure in Indonesia, is an impact due to uncertainty of their position in the Constitution. Unlike the Court and Police Authority that are clearly set out in the Constitution, the Prosecution Service only implicitly mentioned in Article 24 paragraph (3 )of the Constitution.