Kjaksaan Case Study

Superior Essays
Understanding the Kejaksaan (Indonesian Prosecution Service/IPS) requires an inquiry into the history of, the contestation between and the political struggle within state bodies. This historical context is concerned with the extent to which the Kejaksaan has developed within the constitution and regulations. It is also concerned with how political regimes have shaped the Kejaksaan’s organisation and culture within the criminal justice system. In this chapter, I will address the Kejaksaan development and the discretionary practices from colonial times to the present day. I begin by highlighting the origins of the Kejaksaan term as a Javanese legal concept. Following this, I discuss the Kejaksaan development from the colonial times to the present. …show more content…
It seems to publicly show that their institution is the legitimate heir of Gajah mada spirit. The Indonesian police, for instance, put the Gadjahmada statue in front of theirs headquarter as a symbol. They use Bhayangkara for Indonesian term for Police, which under Gajahmada played an important role to unify the Nusantara. Besides, the police claim their organisational philosophy, Catur Prasetya was from the Gadjah Mada mandate. (Djamin, Ratta, Gunawan, & Wulan, 2006, p. 304) Although Kejaksaan did not build a statue of Gajah Mada, Kejaksaaan believes that Gajah Mada was an important symbol of their office. As written in the IPS official's history which also refers to Yamin's book, Gadjah Mada is the Adhyaksa/Jaksa. According to Boechari, an only particular person can apply for the Dhyaksa position. The candidate must be familiar with all literary books and can string up the conformity between all sources of law in giving a decision on the dispute between the kingdom and the people. (“Simposium Sejarah Hukum,” 1976, p. 80) Adhyaksa, interpreted as superintendent or chairperson (Ravensbergen, n.d., p.33) does indeed have an essential position in the judicial structure of the Majapahit empire.

Even until now, the Kejaksaan has retained to claim as part of the Madjapahit legacy. In 1978, the Supreme Jaksa, Major General Ali Said created the doctrine "Satya Adhi Wicaksana", which translated from Javanese
…show more content…
The Jaksa was an official name for prosecutor in Pradata court in which the King adjudicated and punished based on Hindu’s law. The Jaksa was named for the judge on Padu court, which settled the private law could not be reconciled. Besides, this court in which based on the Adat unwritten law also adjudicated criminal cases that not qualify for Pradata court. (Tresna, 1957, pp. 15–18) Jaksa still used as a name for the court official when Islam began to influence the Javanese government. The position of Jaksa as a judge in Padu court was retained in the Islamic Mataram kingdom (1613-1645). Although the Pradata court had altered to the Surambi court, the Jaksa maintained the role as a court official prepared the case to be adjudicated before the king. (Tresna, 1957, pp. 18–20) This gradual change in the role of the prosecutor took place when Vereenigde Oostindische Compagnie (VOC) took control of Batavia and the Javanese kingdoms of the 17th

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