A judicial review hearing of the KPK Law and the Criminal Procedure Code (KUHAP) to hear the Petitioner’s expert, Thursday (1/25/2024). Photo by MKRI/Ilham W.M.
JAKARTA (MKRI) — As a consequence of its position, the Corruption Eradication Commission (KPK) is authorized to handle all corruption crimes committed by legal subjects as stipulated in the law, including those committed in connexity. Therefore, the concept of connexity must be interpreted as handling a case as a whole, not separated, let alone transferred or released.
The statement was made by Gandjar Laksmana Bonaprapta, a criminal law lecturer at Universitas Indonesia (UI), as an expert for Petitioner Gugum Ridho Putra at a material judicial review hearing of Law No. 30 of 2002 on the Corruption Eradication Commission (KPK) as amended by Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission (KPK Law) as well as Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) against the 1945 Constitution on Thursday, January 25, 2024 in the plenary courtroom. The fifth hearing for case No. 87/PUUXX/2023 was presided over by Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and the other seven constitutional justices.
In his statement, Gandjar also explained that basically, a special description is given because the crime is different from other crimes in general. In terms of crime, corruption eradication must be done in an extraordinary way. However, he continued, the legal subject’s position is not special but the disclosure and resolution within the framework of law enforcement is complete. This is because corruption crimes are communal offenses that can be committed by anyone and corruption crimes are not propria offenses or crimes that can be committed by people with certain qualifications. Thus, the provisions of formal criminal law in Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) also apply to the KPK. Therefore, all procedures and procedures contained therein are also inherent and binding on the KPK. In short, various phrases in the Criminal Procedure Code relating to the authority to handle corruption crimes should be interpreted functionally and systematically.
Gandjar explained that based on the history of the KPK Law, with the authority to conduct investigation, inquiry, and prosecution, KPK investigators, inquirers, and prosecutors are expected to be independent so that they are not recruited from existing institutions, but through a separate process. However, the time-consuming recruitment process has led the legislatures to allow investigators, inquirers, and public prosecutors be recruited from existing institutions. So, in this case, the KPK is given the task of coordination and supervision for the Police and the Prosecution Office and cannot play a role in handling corruption crimes alone.
“Because of its various specific descriptions, it is not excessive that the KPK handles all corruption cases that they find and/or that are reported to them, as long as the cases meet the criteria of corruption cases according to the KPK’s authority as stipulated in the law. Basically, despite its special position, the KPK leadership has the same position as the leaders of the National Police and the Prosecution Office as long as they carry out the task of eradicating corruption. Therefore, all laws and regulations on corruption eradication also apply to the KPK as long as they are not regulated otherwise,” Gandjar explained.
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The petition No. 87/PUUXX/2023 was filed by Gugum Ridho Putra, an advocate. The Petitioner challenges Law No. 30 of 2002 on the Corruption Eradication Commission (KPK Law), as last amended by Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002, and Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP). Specifically, he challenges the phrase “coordinate and control” in Article 42 of the KPK Law as well as the word “Investigator” in Article 89 paragraph (2); the phrase “Minister of Justice” in Article 89 paragraph (1), Article 89 paragraph (3), Article 91 paragraph (2), and Article 94 paragraph (5); the phrase “prosecutor or high prosecutor” in Article 90 paragraph (1), Article 90 paragraph (3), Article 91 paragraph (1), and Article 91 paragraph (3); the phrase “high prosecutor” in Article 93 paragraph (1); the phrase “Attorney General” in Article 90 paragraph (3), Article 93 paragraphs (1), (2), and (3); the phrase “Public Prosecutor” in Article 91 paragraph (1), Article 92 paragraph (1), and Article 93 paragraph (1) of the KUHAP.
The Petitioner cited impairment related to the authority to investigate criminal offenses in connexity or criminal offenses involving both civilians and military officers, especially corruption crimes handled by the KPK. He believes the handling of corruption cases in connexity by the KPK is inclined to prioritize punishment on criminals who are civilians. He believes the KPK’s unprofessionalism in handling connexity cases is due to unclear norms regulating the investigation and prosecution of connexity offenses.
Therefore, in the petitum, the Petitioner requests that the Court grant his petition and declare Law No. 30 of 2002 on the Corruption Eradication Commission and Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) unconstitutional and not legally binding and, among other things, declare the phrase “coordinate and control” in Article 42 of the KPK Law means that the KPK is obliged to coordinate and control the handling of connexity corruption cases in accordance with Articles 89, 90, 91, 92, 93, and 94 of the KUHAP.
Author : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Andhini S.F.
Translator : Yuniar Widiastuti (NL)
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Thursday, January 25, 2024 | 17:58 WIB 281