Prosecutors and Public Prosecutors: What is the Difference? A Complete Explanation

Legal Literacy - This article discusses the important role of prosecutors and public prosecutors in the justice system in Indonesia. It is explained that prosecutors are functional officials who represent the state in criminal cases in court hearings and carry out court decisions. Meanwhile, public prosecutors are prosecutors who have special authority to prosecute and carry out judge's stipulations. In addition, this article discusses what is the difference between prosecutors and public prosecutors and is it true to refer to public prosecutors? Let's look at the discussion about prosecutors and public prosecutors below!

Prosecutor

Prosecutor is a functional official who is a civil servant who is given the duties, authorities, and obligations by law to represent the state in criminal cases in court hearings and carry out court decisions that have permanent legal force.

The duties and authorities of the prosecutor include:

• Prosecuting in court hearings;
• Implementing judge's stipulations and court decisions that have permanent legal force;
• Conducting investigations into certain criminal acts based on law;
• Supervising the implementation of laws and regulations;
• Providing legal assistance, legal considerations, and other legal actions to state institutions, regional governments, and state-owned enterprises or regional-owned enterprises;
• Carrying out other duties and authorities based on law.

Prosecutors in carrying out their duties and authorities are independent and free from the influence of any power.

The requirements to become a prosecutor include:

• Indonesian citizen;
• Be at least 23 years old and at most 30 years old;
• Have a bachelor's degree in law from an accredited university;
• Pass prosecutor education and training;
• Be physically and mentally healthy;
• Never been sentenced to prison;
• Of good character;
• Willing to be placed throughout the territory of the Unitary State of the Republic of Indonesia.

Public Prosecutor

A public prosecutor is a prosecutor authorized by law to prosecute and execute judge's stipulations. The public prosecutor represents the state in criminal cases in court hearings.

The duties and authorities of the public prosecutor include:

• Prosecuting in court hearings;
• Drafting indictments;
• Submitting indictments in court hearings;
• Submitting evidence and witnesses in court hearings;
• Demanding the defendant with criminal penalties;
• Implementing judge's stipulations and court decisions that have permanent legal force;
• Taking extraordinary legal remedies (cassation, judicial review, and pardon).

In carrying out their duties and authorities, public prosecutors are independent and free from the influence of any power.

Differences between Prosecutors and Public Prosecutors

The difference between prosecutors and public prosecutors marks the specific roles and functions within the justice system. As functional officials who are part of civil servants, prosecutors have duties that include various aspects, such as conducting prosecutions in court hearings, executing legally binding judgments, and conducting investigations into criminal acts in accordance with applicable laws. In addition, they are also responsible for overseeing the implementation of the law and providing legal assistance and considerations to state institutions, local governments, and state-owned or regional-owned enterprises.

On the other hand, the public prosecutor is a part of the prosecutor who has special authority granted by law. Their duties are more focused, including drafting indictments, submitting indictments in court, and presenting evidence and witnesses before the court. They are also responsible for demanding the defendant with criminal penalties, executing judge's stipulations, and taking additional legal steps such as cassation, judicial review, and pardon. Thus, these two roles complement each other to ensure justice is realized in the justice system.

To make it easier to understand the differences between Prosecutors and Public Prosecutors, here is a table of differences between Prosecutors and Public Prosecutors:

Is the Term Public Prosecutor Accurate?

The question about the correct term related to the position of "public prosecutor" often arises. Actually, the term is not entirely accurate. As law enforcers, prosecutors have an important role in the criminal justice system. They are civil servants assigned to represent the state in court and enforce final court decisions.

On the other hand, "public prosecutor" is a specific term for prosecutors who have the authority to prosecute lawbreakers and execute court decisions. Therefore, it is more appropriate to refer to them as "prosecutors" or "public prosecutors", depending on the context.

Although the term "public prosecutor" is often used in everyday conversation and mass media, it can cause confusion. To avoid confusion, it is better to use the term that corresponds to their role, namely "prosecutor" or "public prosecutor".