Prosecutor's Day: Gajah Mada As Adhyaksa And Other Historical Records In History Today, 22 July 1960

JAKARTA - On July 22, 1960, it was decided that the Prosecutor's Office became an independent institution. The decision was stated in the Decree of the President of the Republic of Indonesia (RI) dated August 1, 1960 Number 204/1960 and took effect July 22, 1960. That date was later commemorated as RI Attorney's Day or also known as Bhakti Adhyaksa Day.

Over time, many changes were made in the organizational structure and management of the Prosecutor's Office. Citing the official Kominfo website, the first changes occurred in the early 90s, from Law No. 15 of 1961 to Law No. 5 of 1991.

Entering the reform era, Law 5/1991 was updated to become Law 16/2004. This change was welcomed because it was seen as a confirmation of the existence of an independent and independent Prosecutor's Office.

Article 2 paragraph (1) of Law 16/2004 concerning the Prosecutor's Office of the Republic of Indonesia emphasizes that the Attorney General's Office is a government institution that exercises state power in the field of prosecution and other authorities based on the law.

Citing the official website of the Indonesian Attorney General's Office, the term Prosecutor's Office has been around for a long time in Indonesia. At the time of the Hindu Kingdom in East Java, precisely during the Majapahit Kingdom, the terms dhyaksa, adhyaksa, and dharmadhyaksa referred to certain positions and positions in the kingdom.

These terms are derived from the same words in Sanskrit. Dutch researcher WF Stutterheim said that Dhyaksa was a state official during the Majapahit Kingdom, when Prabu Hayam Wuruk was in power.

Dhyaksa is a judge in charge of handling judicial matters in court proceedings. The dhyaksas are led by an adhyaksa, namely the highest judge.

In addition to leading, adhyaksa also oversees the duties of the dhyaksa. Research results from other researchers, namely HH Juynboll also support this.

Research shows that adhyaksa is a supervisor (opzichter) or supreme judge (oppenrrechter). Krom and Van Vollenhoven, who are also researchers from the Netherlands, said that the famous patih of Majapahit, Gajah Mada, was even an adhyaksa.

During the Dutch occupation, the agency associated with prosecutors and prosecutors was the Openbaar Ministerie. This institution has people who act as Magistraat and Officier van Justitie in the Landraad (District Court), Jurisdictie Geschillen (Justisi Court) and Hooggerechtshof (Supreme Court) trials under direct orders from the Resident/Assistant Resident.

The Prosecutor's Office as the only prosecution agency was officially functioned by the Japanese occupation government Law No. 1/1942. This rule was later replaced by Osamu Seirei Number 3/1942, Number 2/1944 and Number 49/1944.

Prosecutors exist at all levels of the court, namely since Saikoo Hoooin (major court), Koootooo Hooin (high court) and Tihooo Hooin (district court). At that time it was officially stated that the Prosecutor's Office had the power to search for (investigate) crimes and violations, prosecute cases, carry out court decisions in criminal cases, and take care of other tasks that were required by law.

Based on its history and development, the Indonesian Attorney General's Office is here to enforce the law and provide punishment for those found guilty. However, in recent years this action has not been reflected in the Indonesian Attorney General's Office.

The public will never forget the case of former Pinangki prosecutor Sirna Malasari, who was involved in cases of accepting bribes, conspiracy, and money laundering. As quoted from the ACTUAL article entitled Cassation of Pinangki's verdict, the AGO is considered to have failed the commitment to eradicate corruption, Pinangki previously received a 10-year prison sentence but was reduced to four years in prison.

"The defendant was sentenced to imprisonment for four years and a fine of Rp. 600 million, provided that if the fine was not paid, it was replaced with imprisonment for six months," stated the Supreme Court's decision page.

The Pinangki case is no joke. He was found guilty of three crimes. First, he was proven to have accepted a bribe of 500 thousand US dollars from the convict of the Bank Bali "cessie" case, Djoko Tjandra.

Second, doing money laundering worth US$375,279 or equivalent to Rp5,253,905,036. Third, they conspired together with Andi Irfan Jaya, Anita Kolopaking, and Djoko Tjandra to promise something in the form of 10 million US dollars to officials at the AGO and the Supreme Court to thwart the execution of Djoko Tjandra as stated in the "action plan."

However, the Attorney General's Office decided not to file an appeal against Pinangki's light sentence. The decision seemed to show that the Prosecutor's Office was protecting the former prosecutor. The Attorney General's Office, which is expected to be the fairest in law enforcement, is no longer pure in making legal decisions.

*Read other information about HISTORY or read other interesting articles from Didi Kurniawan and Putri Ainur Islam.