Experts Call The Prosecutor's Bill Too Powerful: Contrary To The Constitution

JAKARTA - Professor of Constitutional Law UIN Sunan Ampel Surabaya, Titik Triwulan Tutuk. said the addition of authority regulated by the Prosecutor's Bill was too much. Re-testing needs to be done.

"The expansion of authority in the Prosecutor's Bill seems very full power. Some of the prosecutor's powers are against the Constitution and many need to be reviewed," said Titik in a public discussion in Jakarta, Friday, February 28.

According to Titik, such a large increase in authority should be followed by strengthening the monitoring mechanism. "The Prosecutor's Office must regulate a strong control mechanism for the Prosecutor's Office through the AGO Commission and the ASN Ethics Commission," he said.

Meanwhile, former member of the Prosecutor's Commission for the 2019-2023 period, Bhatara Ibnu Reza, highlighted the preparation of the Prosecutor's Bill during the COVID-19 pandemic. This condition is then said to be a gap in infiltrating a number of things, one of which is the intelligence authority of the Prosecutor's Office to carry out investigations.

Then the role of Lilis or case controller was also misinterpreted by wanting to make the Prosecutor's Office a central authority. Bhatara considers this condition dangerous.

"Including overlaps and seizures of authority with other state institutions," said Bhatara.

In addition to the various highlights above, the Research Director of the Centra Initiative, Erwin Natosmal also noted that there were 11 main problems contained in the Prosecutor's Bill. Among them are related to the shift in the domain of power of the Prosecutor's Office from the executive to the judiciary and the immunity rights of the Prosecutor and his family.

Then discretion of the use of firearms that are considered to have no urgency; concurrent positions outside the Prosecutor's Office; military entry in the conception of law enforcement; asset recovery without checks and balances.

Furthermore, the intelligence function in expanding the authority of the Prosecutor's Office; discretion of expansion of the judicial function; to the absorption of wiretapping authority.

"The widening of discretion by giving rise to the word 'can' is considered unclear, because if too much discretion without control will lead to abuse of authority," concluded Erwin.