TINJAUAN YURIDIS TERHADAP KEWENANGAN KOMISI KEJAKSAAN REPUBLIK INDONESIA BERDASARKAN PERATURAN PRESIDEN NOMOR 18 TAHUN 2011 TENTANG KOMISI KEJAKSAAN REPUBLIK INDONESIA

Abstract

The establishment of the Prosecutorial Commission is mandated by Article 38 of Law
Number 16 of 2004 concerning the Prosecutor's Commission of the Republic of Indonesia,
which implies the establishment of Presidential Regulation Number 18 of 2005 concerning
the Prosecutor's Commission of the Republic of Indonesia and in its development the
regulation was changed to Presidential Regulation Number 18 of 2011 concerning the
Republican Prosecutor's Commission Indonesia. Based on the Presidential regulation, the
empirical fact that the Prosecutor's Commission has many limitations as a manifestation of
weaknesses over its authority, is certainly not in line with the initial establishment of the
Prosecutor's Commission as an external supervisor of the Prosecutor's Commission, which is
expected to be an answer to public unrest. The inconsistency of several articles with other
articles resulted in contradictions in their implementation, the weakness of recommendations
submitted by the Prosecutor's Commission was practically redundant, lengthy and
complicated the flow of handling to follow up on community reports, which made the
Prosecutor's Commission powerless and non-screened as external supervisors for the
Prosecutor's Commission. Even though the complicated and extensive task given to the
Prosecutor's Commission is not comparable to its limited and very weak authority to the size
of the Prosecutorial Commission as a supervisory institution.
The purpose of this study, namely: First, to find out and analyze the authority and
weaknesses of the authority of the Republic of Indonesia Prosecutor's Commission based on
Presidential Regulation Number 18 of 2011 concerning the Prosecutor's Commission of the
Republic of Indonesia, Secondly, to know and analyze ideal structuring ideas from the
authority of the Indonesian Prosecutor's Commission . The type of research used is normative
legal research or library legal research using research methods on legal principles.
From the results of the problem research there are two main things that can be
concluded. First, the Prosecutor's Commission's authority has limitations as a form of
weakness in the authority of the Prosecutor's Commission based on Presidential Regulation
Number 18 of 2011 concerning the Prosecutor's Commission of the Republic of Indonesia,
which does not provide certainty because there are several articles that are not synchronous
and contradictory to their implementation in the field. following up on long-term public
reports tends to be redundant and the public will prefer to report directly to the attorney's
internal supervisors. Second, the idea of an ideal arrangement of the authority of the
Prosecutor's Commission is to reinterpret this authority, by positioning itself in a more active
position, then making changes to its authority and providing reinforcement of
recommendations to those submitted by the Prosecutor's Commission.
Keywords: Authority - Weakness of Authority - Idea for Ideal Arrangement