Independent Report – The Chairman of the Legal and Human Rights Commission (HAM) of the Indonesian Ulema Council (MUI), Prof. Deding Ishak, emphasized that the revision of the Indonesian Criminal Procedure Code (KUHAP) does not specifically regulate the authority of law enforcement officers (LEOs). He explained that the Indonesian Prosecutor’s Office already has clear authority under the Prosecutor’s Law to conduct investigations into specific crimes, such as serious human rights violations and corruption cases.
Earlier, some concerns arose about the KUHAP draft potentially limiting the prosecutor’s authority in investigations. However, according to Prof. Deding, the clarification from the Chairman of Commission III of the People’s Representative Council (DPR), Habiburokhman, assured that the final version of the KUHAP draft does not alter institutional authority regarding investigations. This development provided relief, as the draft did not diminish the prosecutor’s authority and even opened up the possibility for improved cooperation between the Prosecutor’s Office and the Corruption Eradication Commission (KPK) in combating corruption.
Prof. Deding also stressed the importance of collaboration between the Prosecutor’s Office and KPK to realize President Prabowo Subianto’s political commitment to fighting corruption. He noted that President Prabowo has expressed strong anger toward corrupt officials who have caused widespread suffering among the people. With better cooperation between law enforcement agencies, he hoped that the fight against corruption could become a top priority for the government.
Furthermore, Prof. Deding called on government leaders and religious scholars to work together to prevent corruption. One of the preventive measures he suggested was including anti-corruption education in school curriculums, from kindergarten through university. This approach would emphasize religious and cultural values as part of a more effective anti-corruption education.
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In terms of enforcement, Prof. Deding urged the Indonesian House of Representatives (DPR) and the government to pass the Corruptor Asset Forfeiture Law. He argued that concrete measures such as impoverishing corrupt officials and confiscating their assets should be prioritized before imposing the death penalty. He believed this approach would have a greater deterrent effect and alleviate public frustration with corruption.
Meanwhile, Chairman of Commission III of the DPR, Habiburokhman, provided clarification regarding the KUHAP draft. He stated that the draft is not final and is still in the process of refinement. Habiburokhman reassured the public that the latest version of the KUHAP draft does not limit the prosecutor’s authority in investigations, which remains in line with the existing provisions in the Prosecutor’s Law. The Prosecutor’s Office still has the authority to investigate certain criminal cases, as outlined in the Corruption Crimes Law.
He further explained that the KUHAP draft does not replace sectoral laws that regulate specific types of crimes. The KUHAP is meant to serve as a procedural guideline and not to replace sectoral laws that deal with particular crimes. Habiburokhman emphasized that the regulation of investigators from the police, civil servant investigators (PPNS), and other designated investigators aims to establish coordination and oversight mechanisms according to existing laws.
In conclusion, Habiburokhman underscored that the current KUHAP draft preserves the prosecutor’s authority to investigate certain criminal cases without reducing any powers granted under sectoral laws. He assured that the draft remains open to public input and feedback from relevant stakeholders during the ongoing deliberation process.
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