Tunggul Anshari SN’s research while affiliated with University of Brawijaya and other places

The position of the Prosecutor's Office which is institutionally under the executive power but carrying out the duties and functions that are part of the judicial authority clearly raises a problem of its own in the world of law enforcement. The prosecutor's office as a law enforcement officer in the prosecution field is required to be fair and objective and independent in faithfully carrying out his duties and authorities, but placing the prosecutor's position as a government institution under the executive very vulnerable from power intervention. This condition is very dilemmatic to support the attorney's performance in carrying out his functions and authority.

The prosecutor's position as a government agency that carries out state power in the field of prosecution has resulted in its own legal problems. The Attorney General's Office, on the one hand, is part of a government agency (executive) and is carrying out a prosecution (judicial) function. There is a conflict of norms in the regulation between Article 2 paragraph (1) of Law No. 30 of 2004 concerning the Attorney General's Office of the Republic of Indonesia with Article 38 paragraph (1) and paragraph (2) letter b of Law No. 48 of 209 concerning Judicial Power. The Prosecutor's Office in carrying out its authority independently and independently in the field of prosecution is difficult to be separated from the influence of the power of the authorities, because the Prosecutor's position is under the executive power.