KPK Adapts New KUHAP, Determination of Suspects is Made After Investigation

JAKARTA - The Corruption Eradication Commission (KPK) said that the determination of suspects would be carried out after the investigation process was carried out. They adapted the rules in the new KUHAP which was enacted since January 2.

This was conveyed by the acting (Plt) Director of KPK Investigation Ahmad Taufik Husein when asked about the many new cases that are now initiated with the issuance of a preliminary investigation order (sprindik) without suspects or commonly referred to as a general sprindik.

"It is related to the provisions in the new Criminal Code Article 90. ... What is it? It is related to the determination of suspects," Taufik told reporters quoted on Friday, May 22.

"It is stated in there, Article 90 that there is a determination of suspects and it has entered the category of forced efforts mentioned in the investigation stage," he continued.

Taufik further said that Article 44 of the KPK Law actually mentions that in the investigation process it can determine the prospective suspects in the cases being handled. However, his party chose to follow the rules in the new KUHAP.

"We may also issue an SE, a circular letter related to the implementation of the new KUHAP, this new Criminal Code," he said.

"So the KPK will make a strategy for sprindik without suspects. So, later, how will the suspect be determined? After there is an investigation process," explained Taufik.

Meanwhile, for the determination of suspects in the hand-in-hand operation (OTT), Taufik said, it will be carried out immediately after it is active. "Because in Article 90, it is also, in letter c, specifically caught in the hand, then the determination of the suspect will be immediate. Because it is already in front of your eyes, yes," he said.

The implementation of this new strategy only applies to cases that were decided to be investigated on January 2.

"We will follow the new provisions. However, the sprindik that has been issued before January 2, 2026. It still applies to the old KUHAP," concluded Taufik.