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Etik Jamsianah
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Law, Crime, Criminology & Criminal Justice

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SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PERKARA TINDAK PIDANA KORUPSI Etik Jamsianah; I Gede Artha; Ni Nengah Adiyaryani
Kertha Wicara : Journal Ilmu Hukum Vol 1 No 01 (2012)
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

KUHAP is not formulating clearly what it means with the termination ofinvestigationbut instead only providing the formulation regarding theinvestigation only. Besides theregulation regarding the procedure oftermination of prosecution has been arranged moredetail and clearer, whileregarding the termination of investigation the regulation is notcomplete.However, it can be formulated that the termination of investigation is theaction ofinvestigator to cease the investigation of an event allegedly to be acriminal act, due to “makeit clear that an event is allegedly and to determinea subject as the suspect that there is notenough evidence or from aninvestigation it is found that the event is not a criminal act or theinvestigationis terminated for the sake of law”. It is stated in KUHAP article 109subsection(2). In contrast to Public Prosecutor and Police Department as aninvestigator of a criminalact, Corruption Eradication Commission (KPK)agency which is the institution or state’sagency formed by the Law No.30year 2002 regarding Criminal Act of Corruption EradicationCommission isnot authorized to issue a Warrant of Investigation Termination (SP3) in eachofthe investigation conducted. It has been confirmed in Article 40 the LawNo.30 year 2002regarding Criminal Act of Corruption EradicationCommission.
Co-Authors I Gede Artha Ni Nengah Adiyaryani