RECONSTRUCTION OF THE MODEL FOR FILLING THE POSITION OF ATTORNEY GENERAL TO REALIZE AN INDEPENDENT JOICE IN LAW ENFORCEMENT

Abstract

This research aims to find out and understand 1) The position of the Prosecutor's Office and the Attorney General as independent law enforcers in the Indonesian constitutional system. 2) Implementation and implications of the current model for filling the position of Attorney General for the independence of the Prosecutor's Office in carrying out law enforcement functions. 3) The ideal model for filling the position of Attorney General in order to create an independent Prosecutor's Office in carrying out law enforcement functions. In this legal research, a statutory approach, a conceptual approach (analytical and conceptual approach), a case approach, a comparative approach and a historical approach are used by applying deductive and inductive reasoning. The research results show that: 1) The Prosecutor's Office is a government (executive) institution that has authority related to the function of judicial power (judiciary) in the Indonesian constitutional system. The Prosecutor's Office also has a strategic position as a state institution that is constitutionally important and has two functions at once, namely a government function and a law enforcement function (dual obligation) so that its independence must be guaranteed. 2) The implementation of the model for filling the position of Attorney General who is appointed and dismissed by the President is influenced by the authoritarian political configuration that occurred in the guided democracy era which seeks to eliminate the concept of separation of powers of state institutions which is contrary to the principles of the rule of law. The current model for filling the position of Attorney General has implications for law enforcement intervention by the President which is carried out with various motives and interests. Apart from that, the position of Attorney General was then held by non-Prosecutor professions and even by political party cadres. 3) The ideal model for filling the position of Attorney General includes first the requirements to become Attorney General which must be filled by professional prosecutors, whether active or retired. The second includes a mechanism for filling the position of Attorney General which involves the executive and legislative branches of power with elections through an ad hoc Selection Committee to create the principle of checks and balances between state institutions in realizing law enforcement that is free from power interference.