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November 29, 2024 | 02:15 pm
TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) is now authorized to probe corruption cases within the Indonesian Armed Forces (TNI) as long as the anti-corruption agency initiates the investigation.
The authorization comes after the Constitutional Court granted a part of the petition by Gugum Ridho Putra, a lawyer, challenging Article 42 of KPK Law No. 30 of 2002.
"The court grants in part the petitioner’s request,” said Chief Justice of the Constitutional Court, Suhartoyo, reading the verdict of case no. 87/PUU-XXI/2023 on Friday, November 29, 2024
Article 42 of KPK Law originally stated, "The KPK is authorized to coordinate and control investigations, indictments, and prosecutions against corruption committed by individuals who are under the jurisdiction of military and public justice."
The Constitutional Court declared that the article is conditionally contrary to the 1945 Constitution of the Republic of Indonesia, thus adding a reinforcing phrase at the end that reads, "As long as the law enforcement process of the case is handled from the start or initiated/discovered by the KPK."
In the legal considerations section, the Constitutional Court explained that different interpretations of Article 42 emerge among law enforcers due to the connectivity nature of the corruption, since it involves both civilian and military officers.
However, according to the Constitutional Court, if the provision is understood grammatically, teleologically, and systematically, KPK is, no doubt, authorized to coordinate and control the legal process within a corruption case involving civilians and the military.
The Constitutional Court assessed that the issue in connectivity corruption cases not only encompasses compliance with legal norms but also includes compliance by law enforcers when working in law enforcement processes.
"In this case, law enforcers in corruption cases should disregard their hesitance or reluctance, especially in matters that are clearly regulated in laws," said Constitutional Justice Arsul Sani.
Therefore, the Constitutional Court deemed it necessary to clarify Article 42 of KPK Law.
The article must be understood as granting authority to KPK to conduct the preliminary investigation, investigation, and prosecution of corruption cases, as long as the case was discovered or initiated by the anti-corruption agency.
Meaning, that KPK is authorized to handle corruption cases that involve both civilians and military officers as long as the agency initiates the proceedings.
"In contrast, if law enforcers outside the KPK initiate the proceedings against corruption cases involving individuals subject to military justice, it has no obligation to transfer such cases to the KPK,” said Suhartoyo when reading the legal considerations of the Constitutional Court.
The Constitutional Court hopes that KPK will now have no doubts about exercising its authority in handling corruption cases carried out jointly by civilian and military officers, as long as the law enforcement process is initiated by the anti-corruption agency.
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