On law enforcement

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