1. The Criminal Justice System in
Indonesia
Indonesia
adopts an integrated criminal justice system or integrated. The meaning of the criminal justice system is an integrated judicial system each individual
sub-system sustainable and mutually related to each other in tasks and authority
in the criminal justice process in Indonesia.
The criminal
justice system in Indonesia is identical to the criminal law enforcement system
that comes into the system of power and authority to enforce the law. The
criminal justice system is in the implementation of its judicial power
manifested in 4 (four) sub-systems, are:
1. The power of investigation by an
investigator department
2. The power of prosecution by the public prosecutor
department
3. The power to judge or verdict by the
judiciary
4. The power of the implementation of
the verdict by the executive officer is the
public prosecutor.
Here are the
Integrated Criminal Justice System or Integrated according to the Code of
Criminal Procedure (KUHAP), namely:
Indonesian
Criminal Justice System
Police →→→ Prosecutor →→→ Court →→→ Penintentiary Department
↑ ↑ ↑
↑ ↑ ← ← ← ← → → → → → Advocate ← ← ← → →→ →↑
↑ ↑
Citizen (Report, Complaint) ←←←←→→→→ ↑
Information:
1. The police as an investigator and an
investigator on the case being alleged as or criminal acts. The powers and
duties set forth in Article 4-49 Code of Criminal Procedure.
2. Attorney as public prosecutor
received the dossier examination, evidence and suspects. The prosecution
is what will make the indictment against the suspect that the suspect turned
into a status than with term prisoners accused the prosecutor no longer
detained by the police. (Note: if the defendant had previously been detained at
the level of investigation.) The authority of the prosecutor stipulated in the
Criminal Procedure Code Article 4-49.
3. After the investigation file and had
made the indictment against the defendants and their later transferred to the
court of competent judges. (Remarks begin of the trial court or the District
Court.)
4. Once the decision in Kracht (fixed
and sure) that there are no legal remedies proposed by the parties, if the
decision handed down is the verdict sentencing the Prosecution in accordance
with article 270 of the Criminal Procedure Code will make the execution of the
decision to put prisoners into Penitentiary.
5. After a period of custodial sentence
is completed, then the convicts back into society.
At the
commencement of the criminal justice system, whether the suspect / defendant
and the victim can use legal counsel or advocate. Conditions suspect /
defendant in using legal counsel stipulated in Article 69-74 Criminal Procedure
Code.
2. The Process of Handling
Corruption Case in Indonesia
The
judiciary consists of 4 (four) courts are courts of general court, military
court, religious court and administrative courts. Corruption is on trial
at the Corruption (TIPIKOR) that goes into the general court. Corruption
is an act or a criminal act special provisions set out in the Code of Penal (KUHP).
Provisions
initially set out in Act No 24 Prp. 1960 on Investigation,
Prosecution and Investigation Crime because it did not comply with the
development needs of the community at that time was later replaced by Act 3 of
1971 on Eradication of Corruption and then in 1999 was
replaced by the provisions of Law No. 31 of 1999 on Corruption
Eradication and ultimately bore updated with Law No.20 of 2001 on the
Amendment of Act 31 of 1999 on Corruption.
The process
of handling the corruption together with the provisions of law applicable in
the Criminal Code. Investigators remain under the authority of the police
and the public prosecutor remains under the authority of Attorney, unless
otherwise stipulated in legislation on combating corruption, is Law No. 31
Year 1999 jo Law No. 20 of 2001.
Article 27
of Law No. 20 of 2001 regulating provision for the crime of corruption is
difficult to prove, it can be done in teams under the coordination of the
Prosecutor General. In addition to coordinating, the Attorney General also
controls the investigation, investigation and prosecution of corruption are
conducted jointly by the person who is subject to the general court and
military court.
In the field
of criminal, prosecutor other than as a public prosecutor and the executor of
the execution of the judge's decision can also act as investigators in certain
criminal offenses under the legislation, an example of article 26 of Law No. 20
of 2001 stipulates that the prosecutor can control the investigation in this
case, prosecutors in corruption could conduct an investigation.
This is
contrary to the provisions of the show, the public prosecutor in the Criminal
Code only as a public prosecutor. First contradiction arises from Article
284 paragraph (2) Criminal Procedure Code, that there are exceptions for a
while about the "special provisions" of criminal procedure. Then
in chapter 17 of Government Regulation No. 27 of 1983 on the
implementation of the Code of Criminal Procedure further clarify the conflict
of authority as investigators in special crimes, especially corruption that
authority in the hands of investigators investigating prosecutors and other
investigation authorities.
The
existence of this conflict affects the performance of police and prosecutor
department in the process of corruption before and after the establishment of
the KPK is formed.
The process
of handling corruption cases by the Police and the prosecutor before the KPK
was created :
1. The investigation conducted by the
police, while investigations are carried out jointly by the police and the prosecutor,
and henceforth will be referred to the pourt.
2. Handling of corruption given total
authority to the Police and the prosecutor to conduct an investigation,
investigation and prosecution.
3. Handling of corruption cases by the
Police and the prosecutor in the period before the KPK formed does not function
effectively and efficiently in combating corruption.Therefore, the KPK needs to
be established and in 2002 by Act No. 30 of 2002 the KPK is
formed. KPK is independent, but ad hoc, meaning that the KPK will
be dissolved when the police and the prosecutor department to function
effectively and efficiently in eradicating corruption.
The handling
of corruption cases by the police and prosecutor after the KPK was created:
1. After the KPK was created, the
handling of corruption cases divided by 2 (two) authority. In the past only
police and prosecutor, but now the KPK has the authority to deal with
corruption. However, there is the classification of the type of corruption
that is how handled by the KPK.
2. The KPK will deal with corruption
when it comes to state losses of at least Rp.1,000,000,000.00 (one billion
rupiah). While corruption under Rp.1.000.000.000,00 (one billion rupiah)
will be handled by the police.
