Abstract
The implementation of the investigation and investigation carried out by the Corruption Eradication Commission has special authority that is different from the police and prosecutors who are very helpful to the Corruption Eradication Commission in the investigation process but it creates disharmony among fellow law enforcement agencies so that they seem egocentric between institutions and cannot fulfill the rights of suspects and the protection of human rights in the implementation of some privileges of the investigation process carried out and for the harmonious implementation of investigations of corruption that have been regulated in various laws and regulations, it must harmonize all the investigative authorities so that there is no conflict between law enforcement agencies. Keywords: corruption crime, corruption eradication commission, investigation. DOI : 10.7176/JLPG/87-17 Publication date :July 31 st 2019
Highlights
IntroductionThe 1945 Constitution of the Republic of Indonesia in the Third Amendment of 2001 namely Article 1 paragraph (3) affirms that Indonesia is a state based on law (rechtstaat), not based on power (machtsstaat)
The 1945 Constitution of the Republic of Indonesia in the Third Amendment of 2001 namely Article 1 paragraph (3) affirms that Indonesia is a state based on law, not based on power
Arrangements concerning Investigation of Corruption Crimes The authority to carry out investigations in criminal acts of corruption is owned by several state institutions, among others: the Police, the Attorney General's Office and the Corruption Eradication Commission (KPK), while the regulation regarding the investigation and investigation of corruption cases is regulated in several laws and regulations, among others: Law Number 2 Year 2002 concerning Indonesian Police, Law Number 16 Year 2004 concerning Prosecutors, Law Number 8 Year 1981 concerning Criminal Procedure Code, Law Number Year 2002 concerning Corruption Eradication Commission, Law Number Year 1999 jo Law Number 20 Year 2001 concerning Eradication of Corruption Crimes
Summary
The 1945 Constitution of the Republic of Indonesia in the Third Amendment of 2001 namely Article 1 paragraph (3) affirms that Indonesia is a state based on law (rechtstaat), not based on power (machtsstaat). Considering that many corruption cases were revealed and handled by the KPK, in the provisions of Article 38 paragraph (1) of Law 30 Year 2002 concerning the Corruption Eradication Commission stated that "all authorities relating to investigations, investigations and prosecutions are stipulated in Law Number 8 Year 1981 the Criminal Procedure Law applied to investigators, investigators and public prosecutors in the Corruption Eradication Commission". Number 30 Year 2002, while the investigation itself according to Article 1 number 3 is a series of investigative actions in terms of and according to the method stipulated in this law to search for and collect evidence with evidence that makes it clear about the crime that occurred and to find the suspect
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