In democratic nations governed through the rule of legislation, for example Indonesia, legal technique law serves as a vital tool for upholding justice and safeguarding human rights. having said that, its software in banking corruption conditions managed because of the Corruption Eradication Commission (KPK) usually encounters sizeable road blocks, notably in guaranteeing the protection of suspects' legal rights amid the Fee's comprehensive powers and dangers of deviating from owing method concepts.
Introduction to Criminal technique in Corruption Enforcement
Indonesia's authorized framework emphasizes legal course of action regulation to be a cornerstone for good justice, but genuine-world implementation reveals gaps, specifically in substantial-stakes banking corruption investigations Criminal Procedure Law led via the KPK. These instances usually require advanced fiscal techniques, exactly where the KPK's broad investigative authority can in some cases overshadow procedural safeguards, bringing about concerns more than suspects' rights violations. this short article explores how criminal course of action law capabilities in these contexts, drawing from a normative Assessment to focus on both its strengths and shortcomings.
study targets and Methodology
the principal objective of this evaluation would be to assess how the KPK applies criminal procedure law in banking corruption cases and to evaluate its usefulness in preserving suspects' essential legal rights throughout the course of action. By specializing in normative legal investigate, this study employs legislative, conceptual, and situation-based strategies. Data is analyzed qualitatively to match proven authorized norms with precise enforcement procedures via the KPK in banking-linked matters, though also measuring the diploma of rights defense afforded to suspects.
This methodical framework permits an intensive overview of Indonesia's legal process Code (KUHAP) and its alignment with KPK functions, revealing insights into procedural compliance and locations needing reform.
Key conclusions on usefulness and problems
The Examination signifies the KPK's usage of legal method legislation has established helpful in combating corruption throughout the banking sector, contributing to productive prosecutions and deterrence. Regardless of this, persistent problems undermine suspects' rights defense, specially all through investigations, detentions, and media interactions. For example, the complexity of banking circumstances can result in procedural oversights, where the urgency to dismantle corrupt networks often bypasses rigorous adherence to because of system.
Normatively, Indonesia's legal method law provides strong assures for suspects' fundamental legal rights, such as truthful demo protections and restrictions on arbitrary detention. In observe, nonetheless, implementation falters due to problems like inadequate oversight plus the KPK's dominant position, which may bring about deviations from KUHAP specifications. These discrepancies emphasize The strain in between aggressive anti-corruption attempts and the need for equitable lawful proceedings.
tips for Improvement
To address these gaps, it is important to foster better alignment concerning the KPK's mandates and KUHAP recommendations, along with Increased regulatory actions and higher professionalism amongst regulation enforcement staff. this sort of ways would promote a more balanced method, ensuring that anti-corruption initiatives tend not to compromise suspects' rights and upholding the ideas of a fair judicial system.
Source:
AI with Paraphrase posting
Citations:
Hermawan, Eric, Moh Taufik, and Sri Astutik. "The position of Criminal method regulation in Banking Corruption conditions dealt with with the KPK: making certain the defense of Suspect Rights." Pena Justisia: Media Komunikasi dan Kajian Hukum 24.2 (2025): 3012-3023.