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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Asnawi
Fakultas Hukum, Universitas Sriwijaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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Reconstruction of Coercive Measures in the Indonesian Corruption Criminal Justice System Asnawi; Febrian; Nashriana; Febby Mutiara Nelson
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6701

Abstract

This study examines the reconstruction of coercive measures within Indonesia’s criminal justice system for corruption cases, with a focus on procedural disparities among law enforcement agencies and the urgency for reform in criminal procedural law. The legal issues addressed include the disharmony in implementing coercive actions—such as arrest, detention, search, and seizure—among institutions like the Police, the Prosecutor's Office, and the Corruption Eradication Commission (KPK). The aim of this research is to formulate a direction for reconstructing a more integrated and just system of coercive measures in handling corruption cases. The study adopts a normative juridical method, utilizing statutory and conceptual approaches, and is analyzed qualitatively. The novelty of this research lies in its proposed design of a coercive measures system based on institutional integration and the principle of due process of law, which has not yet been explicitly regulated in Indonesia's current legal framework. The findings reveal overlapping authorities and procedural inconsistencies that hinder the effectiveness of law enforcement. The main recommendation is to revise the Indonesian Code of Criminal Procedure (KUHAP) by incorporating coordinating norms among institutions and standardized procedures for coercive measures in corruption cases, in order to ensure accountability and the protection of suspects' fundamental rights.
Co-Authors Febby Mutiara Nelson Febrian Nashriana