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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) International Journal of Law Reconstruction SASI
Erni Dwita Silambi, Erni Dwita
Dosen Ilmu Hukum Fisip-Unmus
Law, Crime, Criminology & Criminal Justice Other

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Journal : International Journal of Law Reconstruction

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The Legality Questioning of the Investigation Termination Through the Investigation Warranty on Corruption Crime Silambi, Erni Dwita; Tajuddin, Mulyadi Alrianto; Rado, Rudini Hasyim; Y. Badilla, Nurul Widhanita
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.35369

Abstract

The ongoing investigation sheds light on a criminal case. The purpose of this study is to analyze the legality of the termination of the investigation of corruption cases carried out by the KPK as a result of the enactment of Article 40 of Law No. 30 of 2002. This research focuses on the authority of the KPK in stopping the investigation process of corruption crimes through the Investigation Termination Order (SP3). With the type of normative juridical-based research, the research is centered on literature research taken from the study of the election, literature studies, and other scientific works then analyzed using qualitative research methods that are oriented to the conceptual certainty approach and the case approach. The main problems found include the legality of SP3 by the KPK in corruption crimes. The results of the study show the position of the KPK as a super body institution, in the enforcement of corruption crimes, it has several special authorities because it is regulated in a specialist manner in its own provisions, including the authority to investigate based on philosophical, sociological, and juridical aspects, where the essence of the KPK's authority is a rational effort in eradicating corruption and realizing law enforcement oriented towards justice and legal certainty. The recommendation given is that investigations and investigations by the KPK must be carried out professionally, efficiently, and effectively by paying attention to the conditions that must be met before the investigation is carried out, so that synergy and coordination between law enforcement officials are needed.
Co-Authors Achmad Ruslan, Achmad Alputilla, Marlyn Jane Anton Johanis Silubun Bauw, Lily Edoardus E Maturbongs, Edoardus E Halim, Hamzah Ismail, Nurwita Julianto Jover Jotam Kalalo Kama, Ibrahim Marpaung, Dewi Natalia Mulyadi Alrianto Tajuddin Rudini Hasyim Rado Samderubun, Fransiskus Tahya, Iriany Ernawati Tajuddin, Mulyadi Alrianto Y. Badilla, Nurul Widhanita