Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-5 | Issue-11 | 682-688
Original Research Article
Reconstruction of Policy for the Termination of Investigation by the Commission for Eradication of Corruption Based on the Pancasila's Value of Justice
Gunarto, Tabana Bangun, Eko Soponyono
Published : Nov. 3, 2020
Abstract
The implementation of the termination of investigations by the Indonesia's Commission of the Eradication of Corruption (KPK) in Indonesia has not been able to provide justice due to the unclear regulatory factors in Law Number 19 of 2019 concerning the Amendment of the KPK Law. Based on this, the problem raised by the writer in this study is what are the obstacles that arise in in the process of investigation by the KPK in realizing the principles of fast, cheap, and simple Investigation and how to reconstruct the termination of an investigation by the KPK from the perspective of Law Number 19 of 2019. The research method used in this research is normative juridical using secondary legal materials and a qualitative analysis. The results showed that in its development, the investigation policy for suspects who died had changed since the second amendment to Law no. 30 of 2002. Several considerations behind the change in the policy of stopping KPK investigations are to provide protection for the rights of suspects. To deal with this, a reconstruction of the policy to stop investigations in the criminal justice system for corruption cases under the authority of the Corruption Eradication Commission requires reconstruction in Article 40 paragraph (1) of Law no. 30 of 2002, by adding to the provision that the KPK can stop investigating and prosecuting corruption cases where the investigation and prosecution are not completed within a maximum period of 2 (two) years or if there is not enough evidence, not a criminal act and for the sake of the law.