DOI: 10.12688/f1000research.191672.1 ISSN: 2046-1402

Prosecutorial Independence under Institutional Constraints in Indonesia: A Structuration Theory Analysis

Fajlurrahman Jurdi, Abrar Saleng, Naswar Naswar, Hamzah Halim, Achmad Ruslan, Andi Pangerang Moenta, Rismawati Nur
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Background Prosecutorial independence is a fundamental element of the rule of law because prosecutors play a central role in ensuring impartial law enforcement and protecting justice. However, the institutional position of the Prosecutor’s Office of the Republic of Indonesia remains contested due to its dual character: structurally positioned under the executive branch while functionally performing duties closely associated with judicial authority. This institutional ambiguity creates uncertainty regarding accountability, autonomy, and the extent to which prosecutors can exercise their authority independently, particularly in politically sensitive cases. Methods This study employs a qualitative legal research approach combining normative legal analysis and socio-legal inquiry. The research examines constitutional provisions, statutory regulations, institutional arrangements, and historical cases involving the appointment and dismissal of Attorneys General. Data were analyzed through doctrinal interpretation and contextual analysis to explore the relationship between institutional structures and prosecutorial agency using Anthony Giddens’ structuration theory as an analytical framework. Results The findings demonstrate that institutional ambiguity within Indonesia’s prosecutorial system generates structural vulnerabilities that may expose prosecutorial functions to executive influence. The study reveals that prosecutorial independence is not determined solely by formal legal arrangements but is shaped by the interaction between institutional structures and the capacity of prosecutors as professional actors. The analysis indicates that unclear institutional positioning weakens safeguards for impartial prosecution and creates tension between legal autonomy and political accountability. Conclusions This study argues that strengthening prosecutorial independence requires an integrated institutional reform approach that addresses both structural design and agency capacity. Clarifying the constitutional position of the Prosecutor’s Office, establishing transparent appointment mechanisms, strengthening oversight frameworks, and developing prosecutorial professionalism are essential to achieving a more autonomous and accountable prosecution system.

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