Thursday, December 13, 2012

Role of Attorney in Civil and Criminal Litigation

Role of Attorney in Civil and Criminal Litigation. According to Article 1 of Law No. 1. 16 Year 2004 on the Indonesian Attorney General ("Attorney Act"), the prosecutor is a functional official authorized by law to act as prosecutor and implementing court decisions that have permanent legal force as well as authorized by law. Duties and powers of criminal prosecution in the fields referred to in Article 30 paragraph (1) of Law Attorney, among others: 
a. prosecution;
b. carry out the determination of the judge and court decisions that have permanent legal force;
c. supervise the enforcement of criminal probation, the criminal verdict supervision, and conditional decisions off;
d. to investigate certain offenses under the law;
e. complete a particular case file and therefore can perform additional checks before transferred to the court that the implementation is coordinated with investigators.
Thus, the duties and authority of the prosecutor is a prosecutor and executor (executor) court decisions that have permanent legal force in the criminal case. For civil cases, executing court decisions that have permanent legal force bailiffs and clerks is chaired by the chief justice (see Article 54 paragraph [2] Law no. 48 of 2009 on Judicial Power).

Then, what is the authority of the prosecutor in the civil field? The relationship is a relationship between the civil society members are usually based on the agreement. Prosecutors can play a role in a civil case if the State or government is a party and the prosecutor is empowered to represent. It is based on the provisions of Article 30 paragraph (2) of the Prosecutor, which reads:
"In the field of civil and administrative, with a special power of attorney to act both in and out of court for and on behalf of the state or government." Thus, the prosecutor's role is different in the realm of criminal and civil laws. In a criminal case, the prosecutor acts as prosecutor and implementing court decisions that have powered fixed. While in civil cases, the prosecutor acts as the power of the State or the government inside and outside the court on civil matters.
Legal basis:1. Law No. 16 Year 2004 on the Indonesian Attorney
2. Law No. 48 Year 2009 on Judicial Power

Monday, August 13, 2012

Witness and Victims Protection

In Indonesia the protection of witnesses and victims is set in the legislation of the republic of Indonesia No.13 of 2006 on the Protection of witnesses and victims. Institutions that are authorized witness and victim protection institutions are abbreviated with the Agency. Form of protection that can be given Witness and Victims Protection Agency ("Agency") to the witnesses and victims of crime, according to the provisions of Article 5, Article 6, Section 7, Article 9 and Article 10 of Law No. 13 Year 2006 on Witnesses and Victims Protection ("Law 13/2006").

Under the provisions of Article 1 paragraph 3 of Law 13/2006, the Agency is the agency tasked and authorized to provide protection and rights of others to witness and / or victims.

The forms of protection afforded to witnesses and victims Agency can be categorized as follows:

1. Physical and psychological protection: Security and escort, placement in a safe house, get a new identity, and providing medical assistance without a present direct testimony in court, psycho-social rehabilitation assistance.

2. Protection of the law: the penalty relief, and witnesses and victims and the complainant can not be prosecuted by law (Article 10 of Law 13/2006).

3. Fulfillment of the procedural rights of witnesses: Accompaniment, obtain an interpreter, informed of the progress of cases, reimbursement of transportation costs, get legal advice, assistance while living expenses to the extent of protection and so forth in accordance with Article 5 of Law 13/2006.


Law No. 13 of 2006 on Protection of Witnesses and Victims.

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