Prosecutorial Immunity in Supporting National Legal Development and State Defense: An Analysis of Constitutional Court Decision Number 15/PUU-XXIII/2025

Abstract

Article 8 paragraph (5) of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 on the Public Prosecution Service of the Republic of Indonesia requires the Attorney General’s authorization for the summoning, examination, search, arrest, and detention of prosecutors. This provision is commonly referred to as prosecutorial immunity. Through Decision Number 15/PUU-XXIII/2025, the Constitutional Court declared the provision conditionally unconstitutional, establishing exceptions to the requirement for the Attorney General’s authorization when a prosecutor is caught in the act (in flagrante delicto), suspected of committing a serious crime, a crime against state security, or a specific criminal offense. This study analyzes the decision in relation to national legal development, state defense, and the Sustainable Development Goals (SDGs), particularly Goal 16 concerning peace, justice, and strong institutions. This research employs a normative juridical method using statutory, case, and conceptual approaches. The findings indicate that prosecutorial immunity constitutes a form of functional legal protection rather than absolute immunity from the law. Such protection is necessary to ensure that prosecutors can perform their duties professionally, independently, and free from interference. However, it must remain subject to the principles of the rule of law, equality before the law, and accountability. The authorization mechanism must be understood as an instrument for protecting the prosecutorial profession, rather than as a means of granting impunity for criminal conduct.