The 4 Differences Between Prosecutors and Lawyers

The 4 Differences Between Prosecutors and Lawyers

Prosecutors- The Indonesian government has different duties for state institutions. One of the characteristics of a democratic state is a state based on law. State institutions related to law are the duties of the judiciary. The judiciary consists of the Supreme Court, the Constitutional Court, and the Judicial Commission.

Difference between Prosecutor and Lawyer

Lawyers are regulated by Section 1 No. 6 letter b of the Criminal Procedure Code. The prosecutor is appointed by a court to implement a court decision that has been in effect, or has not been appealed again. There are slight differences between prosecutors and public prosecutors, but they are related.

Employment Status

Prosecutors are state lawyers which means civil servants, while lawyers are private employees. In this case, the prosecutor can serve in court in matters involving state institutions or organizations or state companies, such as state-owned enterprises. In addition, the prosecutor may also act in court on behalf of a client or defendant who is unable to pay for the attorney he or she wants. Lawyers are private employees who mostly represent the community. Not all lawyers act only if they are paid handsomely. Some lawyers also work on behalf of certain NGOs that are pro-community.

Division of Tasks

The way to distinguish between lawyers is based on their duties and the division of tasks based on the cases handled. For example, lawyers for environmental cases, lawyers for family cases, lawyers for human rights cases, special criminal lawyers, civil special lawyers, and others are usually different. Prosecutors do not have such a division of labor. Prosecutors can act as prosecutors or public prosecutors according to the tasks assigned by the state or institutions above it.

Duties and Functions

Although in daily life the duties and functions of prosecutors and lawyers are often similar, especially with the existence of Law No. 12 of 2003 concerning advocates, in general.

The duties of lawyers are:

1. Providing legal advice

Provide legal advice to individual clients or companies or groups regarding an existing case, and legal advice on several other matters relating to licensing, for example.

2. Defending

Defending, or advocating certain parties who ask for it in court.

3. Correspondence

Dealing with corporate correspondence, such as bonds and other securities

4. Prosecutors have slightly different duties and functions.

The prosecutor’s duties are:

1. Giving an indictment

The public prosecutor can indict or charge a person or group of suspects based on evidence from the police.

2. Conducting investigations

Because prosecutors do charges, the prosecutor is also tasked with carrying out his own investigations and cooperating with the police.

3. Representing Others

Representing other people in this case is similar to the function of a lawyer who defends certain parties in court. It’s just that the people being advocated are usually people who don’t or don’t have lawyers or people or institutions related to BUMN as state companies.

The levels

Prosecutors have certain levels, such as prosecutors who work at different levels of the district attorney’s office and the high prosecutor’s office. There is also the so-called Attorney General as the holder of the highest authority in the field of prosecution. Lawyers have the same status and there is no level.There is not much difference between a prosecutor and a lawyer. Because in their daily tasks and authority they have more in common.

Hopefully this article about the difference between a prosecutor and a lawyer can add legal insight and be useful. Thank you