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  • SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PERKARA TINDAK PIDANA KORUPSI

    Etik Jamsianah, I Gede Artha, Ni Nengah Adiyaryani

    Abstract


    KUHAP is not formulating clearly what it means with the termination ofinvestigation
    but instead only providing the formulation regarding theinvestigation only. Besides the
    regulation regarding the procedure oftermination of prosecution has been arranged more
    detail and clearer, whileregarding the termination of investigation the regulation is not
    complete.However, it can be formulated that the termination of investigation is theaction of
    investigator to cease the investigation of an event allegedly to be acriminal act, due to “make
    it clear that an event is allegedly and to determinea subject as the suspect that there is not
    enough evidence or from aninvestigation it is found that the event is not a criminal act or the
    investigationis terminated for the sake of law”. It is stated in KUHAP article 109subsection
    (2). In contrast to Public Prosecutor and Police Department as aninvestigator of a criminal
    act, Corruption Eradication Commission (KPK)agency which is the institution or state’s
    agency formed by the Law No.30year 2002 regarding Criminal Act of Corruption Eradication
    Commission isnot authorized to issue a Warrant of Investigation Termination (SP3) in eachof
    the investigation conducted. It has been confirmed in Article 40 the LawNo.30 year 2002
    regarding Criminal Act of Corruption EradicationCommission.

    Keywords


    Investigation, The Termination of Warranty of Investigation, Distinctive Criminal Act, Corruption

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