The State Secretariat had recently issued Presidential Regulation No. 18 Year 2005 Concerning Public Prosecutor Commission, which contained six chapters and twenty nine articles (“Regulation”). The Regulation was issued to facilitate Article 38 of Law No. 16 Year 2004 on Public Prosecutor Office.

Chapter two of the Regulation clarifies that the Public Prosecutor Commission (the “Commission”) is a non structural body existed independently from any authority. The Commission report and is responsible directly to the President. The Regulation also enumerates the organizational structure of the Commission, namely that it consist of 7 people taken from the society.  All financial matters related to the commission will be regulated under a Presidential Decree, meanwhile, the budget will be allocated from the annual State Budget. A secretariat will be created to support the Commission’s daily activities.

Duties and Authorities of the commission is elaborated in Chapter III, which stipulates that the Commission will be responsible in supervising, monitoring and examining the work of Public Prosecutors and Public Prosecutor’s Office personnel, including the worthiness of its organisational and infrastructure. The Commission is tasked with receiving complain from the community pertaining the conduct of Public Prosecutors. It is authorized to request information from government institution, organisation and community members, summon Public Prosecutors and request clarification of their conducts and in receiving inputs from community members in developing the Public Prosecutor’s Office. The Commission may create recommendation to the President and the Prossecutor-General with respect to the development of Public Prosecutor’s Office. More importantly, the Regulation also authorizes the Commission to take over internal investigation conducted by the Public Prossecutor’s Office toward its apparatus if it deemed necessary.

The Regulation enumerates the requirements, eligibilities, appointment and dismissal procedures of the members of the Commission. The Regulation was enacted on 7 February 2005 and states that the members of the Commission must be appointed no later than 90 days after the enactment of this Regulation; namely, 8 May 2005. Once appointed, the members has a further 30 days to commence operations; namely, 7 June 2005.