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

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.