Kejaksaan Tinggi Jawa Timur


Kejati Jatim

The term prosecutor has actually been around for a long time in Indonesia. At the time of the Hindu-Javanese kingdom in East Java, namely during the Majapahit Kingdom, the terms dhyaksa, adhyaksa, and dharmadhyaksa had referred to certain positions and positions in the kingdom. These terms come from ancient languages, namely from the same words in Sanskrit.

A Dutch researcher, W.F. Stutterheim said that dhyaksa was a state official in the Majapahit Kingdom, precisely when King Hayam Wuruk was in power (1350-1389 AD). Dhyaksa is a judge who is given the task to handle judicial matters in a court hearing. The dhyaksa is led by an adhyaksa, the supreme judge who presides and supervises the dhyaksa.

This conclusion is supported by other researchers namely H.H. Juynboll, who said that the adhyaksa was a supervisor (opzichter) or supreme judge (oppenrrechter). Krom and Van Vollenhoven, also a Dutch researcher, even mentioned that the famous governor of Majapahit, Gajah Mada, was also an adhyaksa.

During the Dutch occupation, bodies which were of relevance to prosecutors and prosecutors included Openbaar Ministerie. This institution which assigns its employees to act as Magistraat and Officier van Justitie in the Landraad (District Court), Jurisdictie Geschillen (Justisi Court) and Hooggerechtshof (Supreme Court) under direct orders from the Resident / Assistant Resident.

It’s just that, in practice, the function is more likely as a mere extension of the Dutch hands. In other words, prosecutors and prosecutors in the Dutch colonial period carried out covert missions, which included:

Defend all State regulations

Prosecute all criminal acts

Carry out the decision of an authorized criminal court

The function as a tool of the ruler will be very obvious, especially in applying the offenses relating to hatzaai articleen contained in Wetboek van Strafrecht (WvS).

The role of the Prosecutors’ Office as the only prosecuting institution was formalized for the first time by the Government Act during the Japanese Army Occupation No. 1/1942, which was later replaced by Osamu Seirei No.3 / 1942, No.2 / 1944 and No.49 / 1944. The existence of the prosecutor’s office is at all levels of the court, namely since Saikoo Hoooin (Supreme Court), Koootooo Hooin (High Court) and Tihooo Hooin (District Court). At that time, it was officially outlined that the Prosecutors’ Office had the power to:

Look for (investigate) crime and violations

Suing Case

Execute court decisions in criminal cases.

Taking care of other work that must be done according to law.

Once Indonesia gained its independence, such a function would be maintained in the Republic of Indonesia. This was confirmed in Article II of the Transitional Rules of the 1945 Constitution, which was clarified by Government Regulation (PP) Number 2 of 1945. Its contents mandated that before the Republic of Indonesia. establish their own state bodies and regulations in accordance with the provisions of the Basic Law, then all existing bodies and regulations still apply immediately.

That’s why, legally formally, the Attorney General’s Office R.I. has existed since Indonesian independence was proclaimed, namely August 17, 1945. Two days after that, namely August 19, 1945, in a meeting of the Indonesian Independence Preparatory Committee (PPKI) it was decided that the Prosecutor’s office was in the structure of the Republic of Indonesia, namely within the Department of Justice.

Prosecutor R.I. continue to experience various developments and dynamics continuously in accordance with the period and changes in the government system. Since the beginning of its existence, until now the Prosecutor’s Office R.I. has experienced 22 periods of leadership of the Attorney General. Along with the history of Indonesian state administration, the leadership position, organization, and work procedures of the Attorney General’s Office R. also experienced various changes that were adapted to the situation and condition of the community, as well as the shape of the state and system of government.

Regarding the Law on the Prosecutor’s Office, the first fundamental change began on 30 June 1961, when the government ratified Law Number 15 of 1961 concerning the Principal Provisions of the Prosecutor’s Office R.I. This law confirms the Attorney General’s office as a tool of the state law enforcement tasked as a public prosecutor (article 1), the carrying out of the duties of the Prosecutor’s Department is carried out by the Minister / Attorney General (Article 5) and the organizational structure governed by a Presidential Decree. Related to the position, duties and authority of the Prosecutor’s Office in the framework of revolutionary instruments and the placement of the Prosecutor’s Office in the organizational structure of the department, Law Number 16 of 1961 concerning the Establishment of a Prosecutor’s Office was adopted.