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Indonesia

Prosecution in Indonesia

The Kejaksaan — within the executive but functionally independent — is master of the case (dominus litis), directing the prosecution while the police investigate.

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Prosecution is conducted by the Prosecution Service (Kejaksaan Republik Indonesia), headed by the Attorney-General (Jaksa Agung). On its enabling law, it is "a government institution exercising state power in the field of prosecution … independently, free from the influence of governmental power and other powers" (Law No. 11 of 2021) — that is, within the executive branch but functionally independent in prosecutorial decisions, not part of the judiciary.

  • What does a prosecutor do?

    A prosecutor decides whether a criminal case should be brought, on what charges, and presents it in court. This guide explains the tests applied, the duties owed, and how the role differs between systems.

  • Why do justice systems need oversight?

    Justice institutions hold coercive powers, often operate out of public view, and make decisions that are hard to reverse. This guide explains the oversight mechanisms built to detect and correct errors, and their limits.

Sources

Sources

  1. Law No. 11 of 2021 amending the Law on the Prosecution Service (Kejaksaan), Pasal 2

    Pemerintah Republik Indonesia (via the official legal-database hosts) · Legislation · 2021 · link verified 2026-07-27

    Law No. 11 of 2021 (amending Law No. 16 of 2004 on the Prosecution Service), Pasal 2, confirmed verbatim. Supports that the Prosecution Service (Kejaksaan Republik Indonesia) is "a government institution exercising state power in the field of prosecution … independently, free from the influence of governmental power and other powers" — that is, functionally independent in prosecutorial decisions but institutionally within the executive branch, headed by the Attorney-General (Jaksa Agung).