In democratic nations ruled because of the rule of law, for instance Indonesia, felony procedure regulation serves as a vital Software for upholding justice and safeguarding human legal rights. However, its application in banking corruption circumstances managed by the Corruption Eradication Commission (KPK) frequently encounters significant road blocks, specially in ensuring the safety of suspects' legal rights amid the Fee's considerable powers and challenges of deviating from owing system rules.
Introduction to Criminal Procedure in Corruption Enforcement
Indonesia's authorized framework emphasizes felony treatment law like a cornerstone for reasonable justice, but true-earth implementation reveals gaps, specifically in significant-stakes banking corruption investigations led from the KPK. These circumstances generally involve elaborate financial techniques, where by the KPK's broad investigative authority can in some cases overshadow procedural safeguards, resulting in concerns around suspects' rights violations. this short article explores how legal method law features in these types of contexts, drawing from the normative analysis to spotlight both equally its strengths and shortcomings.
Research goals and Methodology
the first intention of this evaluation will be to assess how the KPK applies felony method legislation in banking corruption conditions and To guage its usefulness in safeguarding suspects' essential rights all through the procedure. By focusing on normative legal exploration, this examine employs legislative, conceptual, and scenario-based approaches. info is analyzed qualitatively to match established lawful norms with actual enforcement techniques from the KPK in banking-similar matters, though also measuring the degree of rights safety afforded to suspects.
This methodical framework permits a thorough evaluation of Indonesia's legal process Code (KUHAP) and its alignment with KPK functions, revealing insights into procedural compliance and places needing reform.
important results on performance and issues
The Assessment signifies the KPK's utilization of prison process law has established powerful in combating corruption throughout the banking sector, contributing to prosperous prosecutions and deterrence. Inspite of this, persistent problems undermine suspects' rights safety, particularly during investigations, detentions, and media interactions. For instance, the complexity of banking cases can lead to procedural oversights, the place the urgency to dismantle corrupt networks often bypasses rigorous adherence to thanks system.
Normatively, Indonesia's felony process law gives sturdy assures for suspects' primary legal rights, including good demo protections and restrictions on arbitrary detention. In follow, having said that, implementation falters on account of troubles like inadequate oversight as well as Banking Corruption the KPK's dominant part, which may cause deviations from KUHAP standards. These discrepancies emphasize The strain amongst aggressive anti-corruption endeavours and the need for equitable authorized proceedings.
Recommendations for enhancement
to deal with these gaps, it is essential to foster much better alignment amongst the KPK's mandates and KUHAP pointers, alongside enhanced regulatory steps and larger professionalism amid regulation enforcement personnel. this sort of steps would encourage a more well balanced program, guaranteeing that anti-corruption initiatives don't compromise suspects' rights and upholding the ideas of a fair judicial procedure.
Source:
AI with Paraphrase report
Citations:
Hermawan, Eric, Moh Taufik, and Sri Astutik. "The purpose of prison treatment regulation in Banking Corruption scenarios dealt with through the KPK: Ensuring the defense of Suspect Rights." Pena Justisia: Media Komunikasi dan Kajian Hukum 24.2 (2025): 3012-3023.