TINJAUAN YURIDIS TERHADAP SURAT PERINTAH
PENGHENTIAN PENYIDIKAN (SP3) DALAM PERKARA
KORUPSI
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Institusion
Universitas Atma Jaya Yogyakarta
Author
SARAGIH, FERRY RINALDO
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2015-11-04 11:10:08
Abstract :
Corruption that was rooted in each aspect of social life was a latent danger that must be guarded against and anticipated in a professional, intensive and continuous manner. The Letter of Instruction to Stopping Investigation as a form authority of the investigator in carrying out the process of investigation by the principle of law enforcement: fast, simple, and light cost and to enforce rule of law, that is to clarify the position of a case whether appropriate to be continued or not demanding process. The issue of The Letter of Instruction to Stop Investigation in the case of corruption became the supervision material and the accusation that the investigator did not complete seriously the case of corruption. Code No. 31/1999 Jo Code No. 20/2001 about Doing an Injustice of Corruption and KUHAP are able to give the description that are quite explicit about the mechanism of giving of The Letter of Instruction to Stop Investigation. But, often the deviation from the article 109 (2) KUHAP that happen in it?s application. This writing aims to know the issue of The Letter of Instruction to Stop Investigation in the case of corruption has been in accordance with the current regulation or not. the research method that was used was the normative law research. From results of the research, it was found that many cases of corruption, his investigation was stopped was not in accordance with the law. The nonexistence of the transparency in gave The Letter of Instruction to Stop Investigation made the function of the supervision are difficult. From this writing, the writer gave the suggestion as the form of the recommendation for the improvement of law enforcement to forward, investigator do more selective and responsible in gave The Letter of Instruction to Stop Investigation, especially in the case of corruption. It is also need the existence of the transparency as the form of responsibility to the public.
Corruption that was rooted in each aspect of social life was a latent danger that must be guarded against and anticipated in a professional, intensive and continuous manner. The Letter of Instruction to Stopping Investigation as a form authority of the investigator in carrying out the process of investigation by the principle of law enforcement: fast, simple, and light cost and to enforce rule of law, that is to clarify the position of a case whether appropriate to be continued or not demanding process. The issue of The Letter of Instruction to Stop Investigation in the case of corruption became the supervision material and the accusation that the investigator did not complete seriously the case of corruption. Code No. 31/1999 Jo Code No. 20/2001 about Doing an Injustice of Corruption and KUHAP are able to give the description that are quite explicit about the mechanism of giving of The Letter of Instruction to Stop Investigation. But, often the deviation from the article 109 (2) KUHAP that happen in it?s application. This writing aims to know the issue of The Letter of Instruction to Stop Investigation in the case of corruption has been in accordance with the current regulation or not. the research method that was used was the normative law research. From results of the research, it was found that many cases of corruption, his investigation was stopped was not in accordance with the law. The nonexistence of the transparency in gave The Letter of Instruction to Stop Investigation made the function of the supervision are difficult. From this writing, the writer gave the suggestion as the form of the recommendation for the improvement of law enforcement to forward, investigator do more selective and responsible in gave The Letter of Instruction to Stop Investigation, especially in the case of corruption. It is also need the existence of the transparency as the form of responsibility to the public.
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