ANALISIS YURIDIS KEKEBALAN HUKUM JAKSA DALAM PASAL 8 AYAT 5 UNDANG-UNDANG NOMOR 11 TAHUN 2021 TERHADAP ASAS SUPERMASI HUKUM DAN EQUALITY BEFORE THE LAW

Abstract

This study aims to analyze the amendment and constitutional position of Article 8 paragraph (5) of Law Number 11 of 2021 concerning the Public Prosecution Service of the Republic of Indonesia from the perspectives of the supremacy of law and the principle of equality before the law. The provision requires written approval from the Attorney General prior to summoning, examining, searching, arresting, or detaining a prosecutor, as a form of functional immunity intended to safeguard prosecutorial independence. This research employs a normative legal method using statutory, conceptual, and case approaches, particularly through an analysis of Constitutional Court Decision Number 15/PUU-XXIII/2025. The findings indicate that granting functional immunity to prosecutors may be theoretically justified within the framework of a constitutional state (Rechtsstaat), provided that it is limited, proportional, and directly related to the performance of official duties. However, if interpreted as absolute immunity that obstructs legal accountability, such a provision potentially contradicts the principles of the supremacy of law and equality before the law as guaranteed by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court declared the provision conditionally constitutional, insofar as it does not apply in cases of flagrante delicto and certain serious criminal offenses. Therefore, the constitutional limit of functional immunity lies in maintaining a balance between institutional protection and legal accountability.