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New regulation clarifies KPK supervision of police, AGO

“With the new regulation, there’s no reason for [the police and the Attorney General’s Office] not to cooperate with the KPK," commissioner Nawawi Pomolango said.

Galih Gumelar and Moch. Fiqih Prawira Adjie (The Jakarta Post)
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Jakarta
Sun, November 1, 2020

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New regulation clarifies KPK supervision of police, AGO Corruption Eradication Commission (KPK) officials speak at a press conference on the arrest of 11 former North Sumatra Legislative Councillors for alleged bribery at the KPK headquarters in Jakarta on July 22. (Antara/Nova Wahyudi)

A

recently issued presidential regulation (Perpres) will allow the Corruption Eradication Commission (KPK) to more easily supervise and take over graft cases from the National Police and the Attorney General’s Office (AGO).

The regulation, signed by President Joko “Jokowi” Widodo on Oct. 20, details how the KPK is to monitor and review the progress of investigations conducted by the other two law enforcement bodies. It was issued as an implementing regulation of the 2019 KPK Law, which grants the commission the power to supervise and take over cases but does not explain how it will do so.

The KPK expects the new regulation to improve coordination among the three institutions and help expedite investigations and prosecutions in the country.

What the regulation says

The Perpres stipulates that the KPK can regularly request reports from the police and the AGO on the progress of investigations and, whenever necessary, review their progress.

The KPK can elect to meet with the two institutions regarding ongoing cases and can give recommendations on how to expedite the investigations or opt to take them over entirely.

If the KPK decides to take over a case, the police or the AGO must send the case files and evidence to the KPK no later than 14 days after both sides sign a formal handover document, the regulation says, in line with the prevailing law. Any suspects in detention are to be moved to the KPK’s custody.

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