On law enforcement

From Rakyat Merdeka

The escape of former president Soeharto's youngest son, Tommy Soeharto, sentenced to 18 months in prison, is closely linked with law enforcement. In the past, the attorney general was the only head of law enforcement, because the prosecutor's office was a civilian institution, not a military one.

The attorney general was also in charge of assigning police to carry out criminal investigations. An investigation into a case would be under the supervision of the attorney general and not under the control of the National Police chief. Why? Because the National Police were armed. Although a prosecutor could carry out an investigation himself, he could also instruct the police to do so.

This was an instruction because the state is an organization based on power or authority. The state is neither a social organization or one practicing mutual help. There is no such thing as "asking for a favor" in state affairs. A police investigation into a case would be directly under the control of the attorney general.

In the past a prosecutor was called a magistrate, and a policeman an assistant to the magistrate. The police had to accompany a prosecutor in every respect, either during an investigation or during a court hearing. The police were obligated to accompany a prosecutor even if the defendant was not being detained.

In this stipulation, called "Revised Indonesian Reglemen," there is an article which reads more or less like this: "If a prosecutor hears about or 'smells' a criminal act in his jurisdiction, he must as quickly as possible investigate the matter."

In reality, a lot of criminal acts are committed but prosecutors simply feign ignorance. This is the condition of our judicial system today.

The government's lack of seriousness in enforcing the law has made the people pessimistic about ever receiving justice.

Retired prosecutor

Jakarta