Worldwide there are two major systems for prosecuting criminal cases, namely the Mandatory Prosecution System (MPS) and the Discretionary Prosecution System (DPS). Under a MPS, prosecutorial discretion to discontinue criminal matters is limited while in DPS it is considerably broader. In the countries surveyed for comparison (i.e. Australia, France, Germany and the Netherlands) which use a DPS it was found that prosecutorial discretion has become more accepted as a mechanism to rationalize the criminal justice bureaucracy and to achieve justice. Prosecutors need discretion in order to adapt to new situations, maximize their resources and tailor individualized justice. Currently Indonesia uses a very restrictive MPS but the current draft of the Criminal Procedure law does facilitate more prosecutorial discretion.
This research answered the question of whether the Indonesian criminal justice system could be enhanced by replacing the MPS with a DPS, like that used in Australia.