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National scene: Experts call for KUHAP revision
Law experts have called for a review of several provisions of the Criminal Law Procedures Code (KUHAP), which regulates pre-prosecution, on Tuesday
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aw experts have called for a review of several provisions of the Criminal Law Procedures Code (KUHAP), which regulates pre-prosecution, on Tuesday.
Article 14 of the code authorizes prosecutors to make pre-prosecution moves when they notice irregularities in a case dossier processed by investigators. The former may give recommendations in a bid to fill loopholes in a dossier before it is handed over to a court. Article 138 obliges prosecutors to send back a dossier to investigators after giving recommendations.
Noted law professor Andi Hamzah said prosecutors should be given the authority to be involved in an investigation from its start, rather than only giving recommendations.
Association of Indonesian Advocates (Peradi) chairman Luhut Pangaribuan said the implementation of Article 138 regularly dragged out legal procedures in a criminal case.
'The provision provides no certainty to suspects because how long a case goes on chiefly depends on how quick the dossier is completed by the police based on prosecutors' recommendations,' Luhut said.
