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House plans to revise AGO law

Jakarta Post - August 31, 2020

Ghina Ghaliya, Jakarta – The House of Representatives plans to revise Law No. 16/2004 on the Attorney General's Office (AGO), which has been included in the 2020 National Legislation Program (Prolegnas).

According to Pangeran Khairul Saleh, the deputy chairman of House Commission III overseeing legal affairs, the revision aimed to strengthen prosecutors' position in the government system.

"The Attorney General's Office and prosecutors must have one special law," he said on Monday, noting that a number of regulations currently stipulate the distinct roles of the attorney general, the AGO and prosecutors.

The National Mandate Party (PAN) politician said the revision would focus on several points, such as improving the prosecutor's authority to investigate certain crimes that would not be limited to corruption.

"We will give them more authority to investigate money laundering, forestry crimes, serious human rights violations and other crimes stipulated in prevailing laws," Pangeran said.

The revision will also grant prosecutors the authority to provide considerations and information in helping a court decide the legal violations in a criminal case.

It will also emphasize the role of the prosecutor in maintaining the integrity and sovereignty of the state and nation in times of danger, civil and military emergencies and war, he added.

The House Legislation Body (Baleg) agreed on Monday to form a working committee to revise the 2004 law. The chairman of the body, Supratman Andi Agtas of the Gerindra Party, was appointed to lead the committee.

Pangeran said laws related to prosecutors' duties had been challenged several times at the Constitutional Court (MK), which had affected prosecutors' duties.

One of them was a Constitutional Court ruling on Oct. 13, 2010, that annulled Law No. 4 PNPS/1963 on prohibitions on printed materials that also revokes the authority of a prosecutor's office to supervise and withdraw printed materials from being circulated in the public without a court trial.

In law enforcement, Pangeran added, prosecutors were also expected not to merely use repressive preventive approaches but also to have an alternative dispute resolution, such as penal mediation.

Penal mediation is a form of settlement outside the court or alternative dispute resolution (ADR).

Source: https://www.thejakartapost.com/news/2020/08/31/house-plans-to-revise-ago-law.html