Expediency Position Essay: The Indonesian Prosecution Case
The Indonesian prosecution policy formally adheres to the expediency principle, also known as the opportunity principle (opportuniteitsbeginsel). This principle has been adopted from the colonial Dutch criminal law and gives the public prosecutor the discretion to dismiss a criminal case for reasons of public interest. However, since 1961, only the Attorney General of Indonesia himself has had the power to decide not to prosecute for public interest reasons by appealing to the deponering. The Attorney general is the supreme prosecutor. It means that all of public prosecutors are just attorney of the supreme prosecutor. They are responsible not to the victims, but to the supreme prosecutor hierarchically.
Due to the absence of the deponering guidelines and lack of public interest definition in regulations, no more than five cases have been dismissed by the Indonesia Prosecution Service (IPS) for this reason. Most of the cases which have been dismissed by this reason are political controversial cases. It seems that this principle was established to allow political bargaining among elite political actors. The unclear position of the IPS within the constitutional law and its dependency status has affected this practice.
In the prosecution process, the leader controls the
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