The Asian Human Rights Commission (AHRC), a regional human rights organization in Asia, and the Indonesian Court Monitoring Society/MaPPI-FHUI, a civil society organization based in Indonesia, wishes to inform you about a journal (essay) written by the Former Head of the Corruption Eradication Commission (KPK) for the Period 2007-2011, Mr. Chandra M Hamzah concerning The Absence of Initial Investigation Process in the Draft of Indonesia Criminal Procedure Law (RUU KUHAP).
The journal paper can be accessed here
In 2013, the Government of Indonesia and the House of Representatives (DPR RI) began to discuss RUU KUHAP which has been developed since 1999.
This short essay elaborates on the discussion materials which caused pros and cons was the abolishment of the initial investigation process in the RUU KUHAP. Pros and cons were not present only in the DPR’s discussion session but it also took place beyond it, including the objection of a number of agencies, including KPK.
KPK believed that the removal of the initial investigation process will impede the law enforcement process on corruption crime and other extraordinary crimes and it also “weakens” KPK’s authorities. On the other hand, the government believed that RUU KUHAP is lex generalis so it does not weaken KPK’s authorities to conduct initial investigation, investigation, and prosecution. This writing will discuss what is meant by the initial investigation existing the Criminal Procedure Law (KUHAP), KPK Law, or the RUU KUHAP as well as the recommendation to resolve the issues related to the initial investigation.
This journal also published in the Indonesian Journal of Judiciary Teropong which published by the Indonesian Court Monitoring Society/MaPPI-FHUI.
