Establishing a Superbody for Law Enforcement: Balancing Due Process Concerns
The role of the prosecution in the criminal justice system has recently come under scrutiny following the enactment of Law Number 11 of 2021 concerning the Prosecution. This legislation has raised concerns about potentially granting excessive powers to the Adhyaksa Corps. With these expanded responsibilities, questions have arisen as to whether the prosecution could evolve into a superbody that dominates the entire criminal justice process.
Expert in Law, Professor Edward Omar Sharif Hiariej, emphasized that in an integrated criminal justice system, each law enforcement agency has distinct roles and authorities. The police are responsible for investigation and inquiry, prosecutors are tasked with prosecution, judges preside over trials, while lawyers and correctional institutions also play specific roles in law enforcement. Despite the prosecution’s role as case managers, functional differentiation principles must be maintained to prevent overlapping jurisdictions.
“It doesn’t mean that prosecutors should take over the investigative authority held by the police. Instead, they should coordinate. This coordination is not vertical but horizontal,” stated Eddy during the Akbar Faizal Uncensored podcast episode entitled ‘The Struggle for Investigative Authority Between the Police and Prosecution in the Criminal Procedure Code. Is the Prosecution Heading Towards Becoming a Superbody?’ quoted on Sunday (3/2/2025).
In the context of overseeing police investigations, the prosecution has mechanisms such as the issuance of Investigation Commencement Notices (SPDP), P-16, and P-19. These legal instruments serve as tools for prosecutors to monitor the investigation process to ensure compliance with applicable legal procedures. However, if this supervisory authority is expanded without clear limitations, there is a concern about the potential for abuse of power.
“I think moving forward, our Criminal Procedure Code should refer to what we know as the due process of law. These are values in the criminal justice system highly regarded by civilized nations worldwide and are universally applicable,” he added.
Recent criticisms have emerged regarding Law Number 11 of 2021 concerning the Prosecution. Many view this regulatory change as potentially granting excessively broad powers to the Adhyaksa Corps. Instead of strengthening the legal system, this revision is feared to exceed reasonable limits and potentially contradict the constitution and existing laws. Furthermore, this revision is seen as opening the door to ‘smuggling in’ new provisions that expand the prosecution’s authority without adequate control.
One major point of contention is the granting of intelligence authority to the prosecution for investigations. This contrasts with the fundamental principle of intelligence work, which should operate discreetly and not be directly involved in investigative matters.
### The Importance of Clear Coordination Mechanisms
To address concerns surrounding the establishment of a superbody for law enforcement, it is crucial to emphasize the importance of clear coordination mechanisms among different agencies. By maintaining transparency and ensuring that each entity operates within its designated scope, the risk of overreach and potential abuses of power can be mitigated.
### Upholding Fundamental Legal Principles
As discussions continue regarding the revision of laws governing the prosecution, it is essential to uphold fundamental legal principles such as due process of law. These principles serve as the cornerstone of a fair and just legal system, ensuring that individual rights are protected and legal processes are conducted in a transparent and accountable manner. By adhering to these principles, the integrity of the legal system can be preserved, and public trust in law enforcement agencies can be maintained.
In conclusion, while the debate over establishing a superbody for law enforcement continues, it is vital to strike a balance between empowering agencies to fulfill their duties effectively and safeguarding the rights of individuals within the legal system. By upholding due process, maintaining clear coordination mechanisms, and respecting the distinct roles of each law enforcement agency, a harmonious and effective criminal justice system can be achieved.
