PROSECUTORIAL INDEPENDENCE AND PUBLIC TRUST LESSONS FROM INDONESIA
PROSECUTORIAL INDEPENDENCE AND PUBLIC TRUST: LESSONS FROM INDONESIA
By Dr Rudi Pradisetia Sudirdja, S.H.,M.H., Head of the Subdivision for Budget Planning and Work Programs, Attorney-General’s Office, Republic of Indonesia
Introduction
The Attorney General's Office of the Republic of Indonesia (AGO) is now known as the law enforcement agency with the highest level of public trust, surpassing the police and the judiciary. National surveys released by Indikator Politik Indonesia show that more than 80.6% of Indonesians trust the AGO, an unprecedented achievement. This trust did not emerge suddenly, but is the result of institutional reform, strengthened integrity, and a commitment to maintaining independence within a centralized legal system.
How has the Indonesian AGO been able to maintain its independence, even within this centralized system? And what can the international community learn from Indonesia's experience?
Legal Reform: Ensuring Independence in a Centralized System
The first step is legal reform. Law No. 11 of 2021 on the Attorney General's Office stipulates that in carrying out duties related to judicial power, the AGO must be free from the influence of any other authority. This is important in the Indonesian context, where prosecutors work within a centralized system.
The principle of centralization is indeed necessary to ensure policy consistency and prevent abuse of authority, but on the other hand, it has the potential to limit the independence of individual prosecutors. To balance this, the law emphasizes that prosecutors act for and on behalf of the state, are accountable through hierarchical channels, and in conducting prosecutions must be based on law, conscience, religious norms, decency, morality, human values, and uphold the dignity of the profession for the sake of justice and truth based on the One Almighty God.
Thus, the centralistic system does not negate independence, but rather places it within a framework of professionalism and accountability.
The new AGO Law also strengthens the discretionary powers of prosecutors. Before the amendment, the principle of legality in Indonesia was often interpreted too rigidly, requiring the prosecution of all cases. Now, prosecutors are recognized as having the discretion to consider the public interest, thereby opening up space for the application of the principle of proportionality within certain limits.
Integrity and Transparency: Pillars of Public Trust
Independence must be supported by integrity and transparency. To strengthen institutional integrity, the AGO issued Regulation No. 4 of 2024 on the Prosecutor’s Code of Conduct, aligned with the UN Guidelines on the Role of Prosecutors. This ensures ethical conduct, prosecutorial independence, accountability, and protection for prosecutors.
Supervision is conducted through a dual mechanism: internal (the Deputy Attorney General for Supervision) and external (the Prosecutor's Commission). Parliament also exercises oversight in cases of public concern.
The AGO has launched the Integrity Zone program since 2018, awarding hundreds of regional offices with the titles "Corruption-Free" and "Clean fi Serving Bureaucracy," thereby enhancing the institution’s professionalism and public image.
Digital innovations like online case tracking, e- traffic ticketing, and public performance reports have improved transparency and public access to justice, breaking the perception of closed-door legal processes.
As a result, the AGO is now the most trusted law enforcement institution in Indonesia.
Humanistic Approach: Protection of Vulnerable Groups
The Attorney General’s slogan is “Sharp at the top, humane at the bottom.” This reflects a dual approach: strict prosecution for corruption and white-collar crimes, and a restorative, human-cantered approach for minor offenses by vulnerable groups.
Regulation No. 15 of 2020 allows prosecutors to terminate minor cases through restorative justice, easing court burdens and promoting social harmony. Additional guidelines were issued to improve access to justice for women, children, and persons with disabilities, including child-friendly procedures and inclusive accommodations.
Through these reforms, the AGO is recognized not only as a prosecuting body, but also as a guardian of citizen rights and justice for all.
The AGO as a Game Changer 2025–2045
The high level of public trust in the Attorney General's Office is also reflected in the 2025–2045 National Long-Term Development Plan (RPJPN) document. The state has positioned the Attorney General's Office as the driving force behind legal transformation through the "Single Prosecution System" agenda and its new role as “Advocate General”.
The Single Prosecution System affirms that criminal prosecution is under one authority, namely the AGO, so that there is no fragmentation and legal consistency is ensured throughout Indonesia. Meanwhile, the Advocate General expands the role of the AGO as the highest legal advisor to the State and provides independent legal opinions in the public interest.
The placement of the AGO as a game changer in the RPJPN 2025-2045 is a form of state trust born out of actual performance. The state believes that the Attorney General's Office is not only a public prosecutor but also a guardian of justice and legal transformation towards “Golden Indonesia 2045”.
Conclusion
Indonesia’s experience demonstrates that prosecutorial independence can thrive even within a centralized legal system. The keys are: (1) a clear legal foundation protecting freedom from intervention; (2) a strong institutional culture of integrity and ethics; and (3) transparency and innovation that engage the public.
Supported by a humanistic approach and protection of vulnerable groups, the Attorney General’s Office (AGO) is now widely respected—not only as a prosecution agency, but as a guardian of justice for all.
As a result, the AGO has become the most trusted law enforcement body in Indonesia. It is now recognized by the state as a driving force for legal transformation in the next 20 years.
For the global community, Indonesia offers a valuable lesson: independence, integrity, and transparency can co-exist with centralization—if governed with accountability.
