Attorney General Is Not An Active Political Party Cadre, AGO: The Constitutional Court's Decision Strengthens The Independence Of The Prosecutor's Office

Coordinating Minister for Political, Legal and Security Affairs Hadi Tjahjanto (right) spoke with Attorney General St. Burhanuddin (left) at the Coordinating Minister for Political, Legal and Security Affairs Office, Jakarta, Wednesday (21/2/2024). (ANTARA)

The Head of the Legal Information Center (Kapuspenkum) of the Attorney General's Office, Ketut Sumedana, said that the Attorney General's Office welcomed the decision of the Constitutional Court (MK) regarding the position of Attorney General, not from the management of political parties (political parties).

"We welcome the Constitutional Court's decision to strengthen the independence of the prosecutor's office as law enforcement officers," said Ketut as quoted by ANTARA, Friday, March 1.

However, continued Ketut, during the leadership of Attorney General Sanitiar Burhanuddin, law enforcement was purely for legal purposes.

Ketut emphasized that law enforcement by the prosecutor during the leadership of Sanitiar Burhanuddin as Attorney General was without political interference.

"As has been running so far under the leadership of Attorney General St Burhanudin, law enforcement is purely of legal interest without any political interference," he said.

Ketut, who also serves as Head of the Bali High Prosecutor's Office, stated that the Constitutional Court's decision also provided wider opportunities for Adhyaksa personnel to have a higher career, namely as Attorney General.

"Hopefully this hope and opportunity will provide motivation in better performance and benefit in the future for the sake of law enforcement," said Ketut.

Since the establishment of August 12, 1945 until now, the position of Attorney General, currently led by Sanitiar Burhanuddin, is the 24th Attorney General.

The position of Attorney General from party officials has drawn pros and cons since the President of the Republic of Indonesia Joko Widodo appointed Muhammad Prasetyo, who is a cadre of the NasDem Party.

The position of Attorney General from among political parties was held by Baharuddin Lopa for the period 6 June 2001 to 3 July 2001 from the Golkar Party, then Marzuki Darusman for the period 29 October 1999 to 1 June 2001 was a career prosecutor from the United Development Party (PPP).

The Constitutional Court's decision is contained in decision number 6/PUU-XXII/2024. This was a lawsuit by the prosecutor's attack named Jovi Andrea Bachtiar, who sued the Prosecutor's Law.

In the precursor trial (1/2), the petitioner stated that Article 20 of the Prosecutor's Law contradicts Article 1 paragraph (3), Article 2 paragraph (1), and Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

In the lawsuit, the applicant said that the active involvement of law enforcers in moderate or concurrent political pragmatism into political members is considered to damage the independence of the prosecutor's office unconstitutionally, especially in eradicating corruption.

The Attorney General, who has involvement with political parties, is very likely to have a political contract or get pressure from his political colleagues. What's more, there is currently no check and balance mechanism in the form of a fit and proper test at the appointment and dismissal of the Attorney General.

The Attorney General could be dismissed from his position if he was deemed disobedient to his political colleagues.

For this reason, in the petitum, the petitioner asked the Court to add a "g." Not currently registered as a member of a political party or at least 5 years out of membership of a political party, either dismissed or resigning" in Article 20 of the Prosecutor's Law

In its decision, the Constitutional Court granted the petitioner's request in part.

The Court stated that Article 20 of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia contradicts the 1945 Constitution of the Republic of Indonesia.

In addition, Article 20 of the Prosecutor's Law does not have conditionally binding legal force as long as it is not interpreted "to be appointed as a Attorney General must meet the requirements as referred to in Article 20 letter a to letter f, including the requirements not to be an administrator of a political party, unless it has stopped as an administrator of a political party at least 5 years before being appointed as the Attorney General.