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).
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 Attorney2. Law No. 48 Year 2009 on Judicial Power
