The KPK Will Coordinate With The Minister Of Defense And The TNI Commander Regarding The Constitutional Court's Decision On Authority To Investigate Military Corruption

JAKARTA - The Corruption Eradication Commission (KPK) will coordinate with the Minister of Defense (Menhan) to the TNI Commander. This step was taken after the Constitutional Court (MK) confirmed that this institution has the authority to investigate corruption cases in the military realm.

"KPK with the Constitutional Court's decision will coordinate with the Defense Minister and the TNI Commander to follow up more technically on the implementation arrangements," said KPK Deputy Chair Nurul Ghufron to reporters in a written statement, Friday, November 29.

Ghufron said Article 42 of the KPK Law does regulate the authority to coordinate and control investigations, investigations, and prosecutions of corruption crimes carried out jointly by people subject to military courts and general justices.

"But in implementation, if the legal subject consists of civilians and the TNI, the case is split, which is civilianly handled by the KPK, while the TNI is tried in the military court. This condition results in potential disparities that can occur as well as ineffective and efficient courts," he said.

Therefore, this decision is expected to affirm the authority of the KPK. Moreover, the anti-corruption commission is a related party that supports the provision of facts on law enforcement constraints on corruption cases involving civilians and members of the TNI.

"This Constitutional Court decision has strengthened and emphasized the KPK's authority to carry out legal proceedings on connection cases whose disclosures were carried out from the start by the KPK," said Ghufron.

As previously reported, the Constitutional Court (MK) confirmed that the KPK has the authority to investigate corruption cases in the military sphere until a court decision has permanent legal force. Provided, the case begins with the anti-corruption commission.

This affirmation is a new meaning to Article 42 of Law Number 30 of 2002 concerning the KPK. The Constitutional Court granted part of the judicial review case Number 87/PUU-XXI/2023 which was requested by Gugum Ridho Putra as an advocate.

"The verdict, adjudicate, grant the petitioner's petition in part," said Chief Justice of the Constitutional Court Suhartoyo reading out the verdict in the verdict review hearing reported by ANTARA, Friday, November 29.

Article 42 of Law 30 of 2002 previously only reads, "KPK has the authority to coordinate and control investigations, investigations and prosecutions of corruption crimes carried out jointly by people subject to military courts and general justices."

This sound then changed because it was considered by the Constitutional Court to consider it conditionally contrary to the 1945 Constitution of the Republic of Indonesia (UUD).

Thus, the phrase affirmation was added at the end which reads, "As long as the case is meant, the law enforcement process is handled from the start or started/discovered by the KPK."