The term Prosecutor as a state lawyer is not clearly stated in the Prosecutor's Law. Implementation of the functions of the Prosecutor as state attorney in the civil and administrative sphere of the state follows the flow and procedures for settlement of civil disputes and state administration in general. To optimize the implementation of the Prosecutor's function as a state lawyer, the Prosecutor must be provided with education and training regarding civil law and constitutional law/state administrative law. Therefore, the institutionalization of the State Attorney Attorney is also needed so that if a lawsuit involving the interests of the state occurs, there will be no difficulty in appointing and determining the Prosecutor acting as the State Attorney.
An impartial legal process is one of the characteristics of a rule of law. Likewise, Indonesia, in criminal justice at its downstream is played by judges as the core apparatus of judicial power, the principle of freedom and impartiality of judges in examining, hearing and deciding cases. The research is a normative legal research using statute, case, comparative and conceptual approaches. Data were analyzed with descriptive qualitative analysis with content analysis. The results show that the essence of the principle of impartiality in the criminal justice system is closely related to the implementation of the function of judicial power. Fair trials are a most basic safeguard to ensure that individuals are not punished unfairly. However, research shows that the application of the principle of impartiality in the practice of law enforcement that is currently just in a number of cases is still colored by the practice of wrongful arrests which lead to wrong arrests and wrong sentences (error in personal).
Prosecutors in the country so that financial losses return refund losses the State has not been fullest. And existing legal institution in its implementation shows the result of maximum effort yet to refund the financial loss to the State. Therefore needs to be examined further the efforts of the Prosecutor's Office has done in the optimisation of returns on the country's financial losses. The Attorney law enforcement institutions in the framework of the financial rescue is expected to give a significant impact, so step harmonization of legislation is required to seek the repayment of assets results of criminal acts of corruption.
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