Requesting Limited Prosecutor's Legal Protection, MA: Prevent Impunity

The Supreme Court (MA) building in Jakarta. (Between)

JAKARTA - The Supreme Court (MA) stated that legal protection for prosecutors in Law (UU) Number 11 of 2021 concerning the Indonesian Attorney General's Office is still needed, but must be limited so as not to cause impunity.

The statement was made by Judge Yustitial at the Legal and Public Relations Bureau of the Supreme Court Rizkiansyah Panca Yunior Utomo during a follow-up hearing on the judicial review of the Prosecutor's Law in the Plenary Court Room of the Constitutional Court, Jakarta, Tuesday, July 15.

"Legal protection for prosecutors, as referred to in Article 8 paragraph (5) of the Prosecutor's Law, is still needed to maintain independence and security in carrying out its duties, functions and authorities, but must have firm limits so as not to cause impunity and not to conflict with the principles of the state of law and equality before the law," said Rizkiansyah, confiscated by Antara.

The Constitutionality of Article 8 paragraph (5) of the Prosecutor's Law is questioned in three cases at once, namely Case Number 9/PUU-XXIII/2025, Case Number 15/PUU-XXIII/2025, and Case Number 67/PUU-XXIII/2025.

The article stipulates that in carrying out their duties and authorities, summons, examinations, searches, arrests, and detentions of prosecutors can only be carried out with the permission of the Attorney General.

According to the Supreme Court, the provisions of the norm of the article provide protection for prosecutors without any restrictions or exceptions, and there is no firm distinction between actions in official capacity and personal actions or serious crimes.

"With no boundaries or exceptions, external supervision becomes difficult to implement and the law is difficult to enforce effectively," said Rizkiansyah.

Article 8 paragraph (5) of the Prosecutor's Law is also considered to cause debate regarding potential impunity for prosecutors and the risk of arbitrariness.

Rizkiansyah said that the provisions without clear restrictions could change from immunity to impunity, namely absolute immunity that opens up opportunities for abuse of authority and hinders accountability.

On the other hand, Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia firmly stipulates that all citizens share their position in law and government and must uphold the law and government without exception.

Rizkiansyah further compared the legal protection of constitutional judges and the leadership of the Supreme Court with the protection of prosecutors. According to him, the protection between the three is different, especially in terms of exclusion provisions.

He explained that the Constitutional Court judges ranging from the chairman, vice chairman, young chairman, to Supreme Court judges in the Supreme Court could be arrested on the orders of the Attorney General after obtaining the President's approval, except in terms of being caught red-handed or suspected of committing a crime that is threatened with the death penalty or criminal act against state security.

"Based on the principle of equality before the law, legal protection for prosecutors must not exceed the limits so as to cause discrimination against other professions or the general public," he said.

Case Number 9/PUU-XXIII/2025 was requested by advocate Agus Salim and Agung Arafat Saputra. They asked Article 8 paragraph (5) of the Prosecutor's Law to be declared contrary to the constitution or interpreted as in carrying out its duties and authorities which were carried out in good faith, summons, examination, search, arrest, and detention of the Prosecutor can only be done with the permission of the Attorney General, except in the case: a. there is sufficient preliminary evidence; b. caught red-handed committing a crime.

Case Number 15/PUU-XXIII/2025 was submitted by Agus Setiawan (activist/student), Sulaiman (advocate), and the Madani Youth Association. They include asking that Article 8 paragraph (5) of the Prosecutor's Law be declared contrary to the 1945 Constitution of the Republic of Indonesia.

Case Number 67/PUU-XXIII/2025 was requested by advocates Harmoko and Juanda. One of those requested, namely Article 8 paragraph (5) of the Prosecutor's Law is interpreted as in carrying out its duties and authorities, summons, examinations, searches, arrests, and detentions of the Prosecutor can only be carried out with the Attorney General's permission within 30 days from the time the permit application is received'.