Durasi Penyidikan Pidana Umum Dibatasi, Mafia Peradilan Berpotensi Makin Subur

Illustration - General criminal investigation process. (Photo: Special)

JAKARTA Academics in the field of law at Jenderal Sudirman University, Manunggal Kusuma Wardaya assessed that the proposed limitation of the duration of investigations for general crimes has the potential to further obscure the practice of the judicial mafia.

"Although the principle of criminal law requires a quick and cheap settlement of cases, the limitation of the duration of the investigation has the potential to open a gap in the game of legal cases," he said, Sunday, May 25.

"It could be that this restriction actually has a bad impact. Many cases will actually be played around to the point of approaching the limit and finally because there is not enough time, the case is closed," continued Manunggal.

Previously, the Indonesian Advocates Association (Ikadin) in the RDP with Commission III of the DPR some time ago suggested that the duration of the investigation for general crimes be limited to two years. Secretary General Ikadin, Rivai Kusumanegara, argued that the limitation was needed to ensure that the settlement of legal cases did not drag on.

In addition to the limitation for the duration of the investigation, Ikadin also requested that the examination time of the litigants be limited to 8 hours. Rivai reasoned that the duration of the examination for too long had a negative impact on the mental condition of the person being examined.

According to Manunggal, an in-depth study is needed to determine the ideal duration of the investigation.

This is because the journey of general criminal cases is often hampered in various stages, starting from the stages of investigation and investigation, or when it is transferred to the prosecutor's office.

In addition, limiting the duration of the investigation will actually make it difficult for complicated legal cases and will take a long time.

"The material truth will not be obtained optimally if it is limited, such as collecting incomplete evidence. Later in court it will be raw because there is not enough valid and convincing evidence," he said.

On the other hand, he argues that proposals related to the duration of examination of litigants make a lot of sense.

The reason is, the duration of the examination that is too long can drain a person's stamina, physical, and mental.

When he was examined, his relationship with the crime certainly made him in a state of fear or feeling insecure. This is also one of the rights that should be protected, both when he enters the examination stage in investigations and investigations. There are also many cases of being examined who fall ill, and even cause death," concluded Manunggal.