Legal Implications Of The Prosecutor’s Office Strategy In Responding To The Presidential Abolition Granted To Tom Lembong: The Role Of The Prosecutor’s Office In Law Enforcement And Human Rights

Abstract

This study examines the legal and social implications of the presidential abolition granted to Tom Lembong and analyzes the institutional strategies required of the Attorney General’s Office of the Republic of Indonesia to preserve the credibility of law enforcement and the protection of human rights. The study addresses two questions: how the abolition affects the Prosecutor’s Office in carrying out law-enforcement functions, and what strategies should be adopted to prevent adverse legal and social consequences in cases terminated through abolition. A normative legal research design is employed using a statute approach, supported by the analysis of constitutional provisions, legislation on prosecution and criminal procedure, anti-corruption law, human-rights norms, public-information rules, legal doctrine, and relevant case materials. The findings show that abolition, although constitutionally recognized under Article 14 paragraph (2) of the 1945 Constitution, can interrupt an ongoing prosecution and create institutional tension between executive prerogative and prosecutorial independence. It can also influence public perceptions of equality before the law, legal certainty, and the legitimacy of anti-corruption enforcement. The study proposes four interrelated strategies: internal evaluation guidelines, inter-institutional coordination, transparent public communication, and post-decision monitoring and policy review. Academically, the study contributes a governance-oriented framework for reconciling presidential prerogative with the rule of law, checks and balances, substantive justice, institutional accountability, and public trust in the criminal justice system.