Relationship of the Military Prosecutor General and the Attorney General in the Prosecution Function |
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BibTeX: |
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@article{IJIRSTV5I12020, |
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Abstract: |
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Duty to prosecute is part of law enforcement functions to translate the wishes of the law into reality. The law enforcement process will culminate in the implementation of laws and regulations by the law enforcers themselves. Law enforcers in the Indonesian public criminal justice system include the following: Police, Public Prosecutors, Judges, Lawyers, and Correctional Institutions, while law enforcers in the military criminal justice system within the Indonesian National Armed Forces (TNI) include: Military Judges, Military Prosecutors, Military Police, Military Defense Attorneys, and Military Penitentiaries. Elucidation of Article 57 paragraph (1) of Law No. 31 of 1997 stipulates that the Military Prosecutor General in performing technical prosecution function is responsible to the Attorney General of the Republic of Indonesia (RI) as the highest public prosecutor in RI through the Commander-in-Chief, while in performing duty to develop Military Prosecution Service, shall be responsible to the Commander-in-Chief. Although the Law No. 31 of 1997 has governed relationship between Military Prosecutor General and Attorney General but in practice, this has not been properly implemented. |
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Keywords: |
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Duty to Prosecute, Military Prosecutors, Public Prosecutors |
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