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Attorney General of Indonesia

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Attorney General of Indonesia
PostAttorney General of Indonesia
Native nameJaksa Agung Republik Indonesia
InsigniacaptionNational emblem (Garuda Pancasila)
IncumbentAditya Zahra (example)
Incumbentsince2024
SeatJakarta
AppointerPresident of Indonesia
Formation1945
FirstSoekanto Tjokrokoesoemo

Attorney General of Indonesia is the head of the central public prosecutor's office in the Republic of Indonesia and the principal legal adviser to the President of Indonesia. The office traces its origins to the Indonesian National Revolution and the early cabinets of the State of the Republic of Indonesia, and has played a central role in matters involving the Constitution of Indonesia, criminal law, and administrative law. The Attorney General interacts with institutions such as the People's Consultative Assembly, the Constitutional Court, the Ministry of Law and Human Rights, and law enforcement agencies including the Indonesian National Police.

History

The office emerged during the Indonesian National Revolution alongside figures like Sukarno, Sutan Sjahrir, and Sudirman and was institutionalized in post-independence cabinets where early holders such as Soekanto Tjokrokoesoemo and Aidit-era actors influenced prosecutorial practice. Throughout the Guided Democracy period under Sukarno and the New Order under Suharto, the Attorney General's Office interacted with bodies like the People's Consultative Assembly, the People's Representative Council, and the Ministry of Law and Human Rights while responding to events including the 30 September Movement and the Reformation movement of 1998. Reforms after 1998 led to changes influenced by actors including Amien Rais, Abdurrahman Wahid, and Megawati Sukarnoputri and institutions such as the Corruption Eradication Commission and the Constitutional Court of Indonesia.

Role and Responsibilities

The Attorney General supervises the Prosecutor's Office and represents the Republic in criminal prosecutions, civil litigation, and state interests in proceedings before courts like the Supreme Court of Indonesia and the Constitutional Court of Indonesia. The office issues directives that affect enforcement of statutes such as the Criminal Code (Indonesia), the Corruption Eradication Law, and legislation concerning narcotics enforced alongside agencies like the National Narcotics Agency and the Indonesian National Police. The Attorney General liaises with international partners, including Interpol, the International Criminal Court (in principle), and foreign ministries during extradition, mutual legal assistance, and treaty compliance involving instruments such as the United Nations Convention against Corruption.

Appointment and Tenure

The President of Indonesia appoints the Attorney General, often with political input from leading parties such as Golkar, Indonesian Democratic Party of Struggle, and National Awakening Party, and with oversight expectations from the People's Representative Council. Tenure has varied; historical appointees include technocrats, military officers, and career prosecutors like Darmono, H.M. Prasetyo, and Rudy P. whose confirmations involved consultation with the Office of the President, the Coordinating Ministry for Political, Legal and Security Affairs, and political actors including Susilo Bambang Yudhoyono, Joko Widodo, and B. J. Habibie. Removal or resignation has occurred in contexts involving institutions such as the Corruption Eradication Commission and the Supreme Court of Indonesia.

Organizational Structure

The Attorney General's Office comprises divisions such as General Crimes, Special Crimes, Civil and State Administrative, Intelligence and Asset Recovery, and International Cooperation, coordinating with agencies including the Directorate General of Corrections, the Supreme Court of Indonesia, the National Police Headquarters, and the Ministry of Law and Human Rights. Regional prosecutors answer to provincial offices in places like West Java, Central Java, Jakarta, North Sumatra, and Bali and coordinate with regional governments such as the Jakarta Provincial Government and provincial legislatures. Specialized units have engaged with international partners such as United Nations Office on Drugs and Crime and non-governmental organizations like Transparency International during asset recovery and anti-corruption initiatives.

Officeholders

Notable officeholders include early jurists such as Soekanto Tjokrokoesoemo, reform-era figures such as Abdul Rachman Saleh (example), and recent Attorneys General who have shaped policy like Hamid Awaluddin, Basrief Arief, H. M. Prasetyo, and Atty. General X (names vary by administration). Officeholders have come from backgrounds including the Faculty of Law, University of Indonesia, the military (Indonesian National Armed Forces), civil service cadres from the Ministry of Law and Human Rights, and political parties including Golkar and Partai Demokrasi Indonesia Perjuangan.

Notable Cases and Controversies

High-profile prosecutions prosecuted or influenced by the Attorney General include cases involving corruption linked to figures such as Setya Novanto, Anas Urbaningrum, and cases investigated by the Corruption Eradication Commission where jurisdictional disputes arose. The office has handled narcotics cases intersecting with international narcotics networks, extradition disputes involving countries like Australia and Singapore, and civil suits against state enterprises such as Pertamina and Bank Century. Controversies have involved allegations of interference with independent prosecutors, clashes with the Corruption Eradication Commission, and debates over legal interpretations under the Criminal Code (Indonesia) and anti-corruption statutes.

Relationship with Other Institutions

The Attorney General cooperates and sometimes competes with institutions including the Corruption Eradication Commission, the Indonesian National Police, the Supreme Court of Indonesia, the Constitutional Court of Indonesia, the Ministry of Law and Human Rights, regional prosecutors, and international bodies such as Interpol and the United Nations. Inter-institutional dynamics have been shaped by political leaders like Joko Widodo and by legal reforms promoted after the Reformation era, involving oversight from assemblies including the People's Representative Council and constitutional review by the Constitutional Court of Indonesia.

Category:Law of Indonesia Category:Politics of Indonesia