KEWENANGAN PENYIDIK INDEPENDEN KOMISI PEMBERANTASAN KORUPSI (KPK) DI INDONESIA PASCA PUTUSAN PRAPERADILAN NO. 36/Pid.Prap/2015/PN.JKT.SEL

CORY, AMANDA (2016) KEWENANGAN PENYIDIK INDEPENDEN KOMISI PEMBERANTASAN KORUPSI (KPK) DI INDONESIA PASCA PUTUSAN PRAPERADILAN NO. 36/Pid.Prap/2015/PN.JKT.SEL. Masters thesis, Universitas Andalas.

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Abstract

THE AUTHORITY OF INDONESIAN CORRUPTION ERADICTION COMISSION (KPK) POST VERDICT PRETRIAL NUMBER. 36/Pid.Prap/2015/PN.JKT.SEL Name: Cory Amanda, Student Number: 1420112008 Magister Program of Law Study Postgraduate Faculty of LawAndalas University 89 Pages, Year 2016 ABSTRACT Corruption is an extra ordinary crime, which needing extra ordinary way of handling the cases. This research aims to analyze the authority KPK investigator independent post verdict pretrial number 36/Pid.Prap/2015/PN.JKT.SEL, and also to find out how the status of investigator from KPK after Pretrial Verdict of HadiPoernomo case. This research is a kind of normative or legal research writing for law libraries. That is the legal research that refers to the legal norms contained in legislation, the court rulings, as well as the norms of life that thrive in society.The theory used to analyze the problem formulation are the theory of authority and the theory of bureaucratic. The authority owned by KPK as independent agency to eradicate corruption, according to the author, is just right. However, to maintain the existence of KPK investigator their authorityand status should be clear, noted that the authority of KPK investigator is outside KUHAP. The author thinks that the authority owned by KPK as independent investigator is not appropriate because formal criminal law, which is regulated in KUHAP, is required for maintaining material criminal law. It has been regulated in KUHAP at Article 6 KUHAP thatthe authorized institutions conducting investigations are police officials and certain officials of Civil Servants who are special authorized by law. So, there is no legality toward KPK investigator, and it is necessary to immediately change Indonesian law products, both in KUHAP which is the heritage of the Dutch law and also in KPK law products. Therefore, by changing the law products yields to the existence of legality for KPK investigators who are independent and there is no more investigators who don’t have the force of law.

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