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Draft revision proposes giving KPK authority to terminate investigations
Anti-corruption: A number of civil society groups participate in a peaceful rally themed #SaveKPK and #SayaKPK (I am KPK) on Jan
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Anti-corruption: A number of civil society groups participate in a peaceful rally themed #SaveKPK and #SayaKPK (I am KPK) on Jan. 23 in response to the arrest of then KPK deputy chairman Bambang Widjojanto at the anti-graft body headquarters in Jakarta. (Tempo/Eko Siswono Toyudho) (I am KPK) on Jan. 23 in response to the arrest of then KPK deputy chairman Bambang Widjojanto at the anti-graft body headquarters in Jakarta. (Tempo/Eko Siswono Toyudho)
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span class="inline inline-center">Anti-corruption: A number of civil society groups participate in a peaceful rally themed #SaveKPK and #SayaKPK (I am KPK) on Jan. 23 in response to the arrest of then KPK deputy chairman Bambang Widjojanto at the anti-graft body headquarters in Jakarta. (Tempo/Eko Siswono Toyudho)
Public debate about whether the Corruption Eradication Commission (KPK) should have the authority to terminate corruption investigations has emerged again as the 2002 KPK Law draft revision proposed by the House of Representatives has included an article that would allow the anti-graft body to issue investigation termination warrants, or SP3.
Article 42 of the draft revision stipulates that the 'KPK has an authority to issue investigation termination warrants (SP3) for corruption cases after it finds that a corruption case being handled does not meet the requirements to be taken to the prosecution stage as regulated by Article 109 (2) of the Code of Criminal Procedures (KUHAP)'.
According to Article 109 (2) on SP3 rules: 'In a case where investigators have terminated their investigation due to a lack of evidence, or because the case is not a criminal deed, or because the investigation must be declared null and void by law, the investigators must inform that fact to prosecutors, the suspect and his or her family.'
However, Article 109 now has been removed from the KUHAP.
Six House factions proposed the revision of the 2002 KPK Law during a meeting at the House's Legislative Body on Tuesday, kompas.com reported.
They were factions of the Indonesian Democratic Party of Struggle (PDI-P), the NasDem Party, the United Development Party (PPP), the Hanura Party, the National Awakening Party (PKB) and Golkar.
In a mid-June statement, acting KPK chairman Taufiequrachman Ruki argued that the antigraft body should be allowed to issue SP3s. Ruki said the debate about whether the KPK should be given the authority to issue investigation termination warrants had taken place in a long time ago.
He said KPK investigators must be allowed to terminate the investigation of a graft case if they were required to do so by law.
'But an investigation termination should be based on KPK adviser permits and must be through a special procedure,' he said.
On the contrary, KPK acting commissioner Johan Budi said the SP3 proposal was only Ruki's personal opinion.
He further explained that since its establishment, the KPK's authority to issue SP3 had been removed as part of attempts to make the antigraft body a professional law enforcer. With no investigation termination authority, the KPK would hopefully no longer be considered an 'automatic teller machine' for people who were still dealing with legal problems, he added.
'Therefore, the KPK as a law enforcement institution on corruption eradication is not given special authority to issue SP3s. Thus, the KPK must be careful when naming someone a suspect,' said Johan in June. (ebf)(++++)
