Asking For Information From TNI Soldiers There Is A Procedure But The Criminal Law Is Coercive

Illustration of TNI soldiers (Photo: Antara)

JAKARTA - The Corruption Eradication Commission (KPK) and the National Police must follow the rules of the Telegram Letter (ST) with the number ST/1221/2021 when summoning TNI soldiers to investigate criminal acts. However, this procedure must not defeat the coercive criminal law.

Through a Telegram Letter (ST) with the number ST/1221/2021 which was published on 5 November, the KPK and the police must carry out four procedures to be able to request information from TNI soldiers.

First, summons made to TNI soldiers by the Police, KPK, other law enforcement officers in order to provide information related to legal events must go through the commander/head of the unit. coordinate with the relevant law enforcement officers.

Next, soldiers who provide information regarding legal events to law enforcement officers can be carried out in their units accompanied by Law Officers or Unit Officers.

Fourth, TNI soldiers who provide information regarding legal events to law enforcement officers can be carried out at the office of law enforcement officers who summoned them accompanied by legal officers.

This rule is made to prevent misunderstandings and minimize legal problems. Moreover, recently there was a summons that was not in accordance with the applicable legal provisions and was carried out by the police.

In response to this, a legal expert from Trisakti University Abdul Fickar Hadjar reminded that criminal law is coercive and that there is no single rule that can prevent it. Including the rules contained in the telegram.

"Criminal law is coercive. There is no single force that is above the law because Indonesia is a state of law, not a state of power or empire," Fickar told reporters, Wednesday, November 24.

According to him, this procedure may be enforced because of a summons that is not in accordance with the provisions. However, Fickar again reminded that the rules in the letter were no higher than the current law.

"That's the spirit of the corps. But still, nothing is higher than the law," he stressed.

Meanwhile, the Commander of the Indonesian National Armed Forces, General Andika Perkasa, emphasized that this rule does not mean that the TNI is covering up its soldiers. "It's not at all that we close the investigation, no," he told reporters.

"So far (the rules, ed) have been going on and there is a mechanism," added the former Army Chief of Staff (KSAD).

Andika admitted that he would learn more about this procedure considering that the letter was published when he had not yet served as TNI Commander. However, he stressed that his soldiers would still obey the applicable laws and regulations.

"I have to check again (about the ST) and I have to follow the laws and regulations. So the mechanism for summoning technical questions is only," he said.

Then what is the attitude of the KPK and the Police?

Acting KPK Spokesperson for Enforcement, Ali Fikri, said that his party respects and believes the four procedures will not hinder the law enforcement process, especially those related to corruption cases.

"KPK respects the rules regarding internal TNI mechanisms and procedures. We are sure that these regulations will not hinder the law enforcement process carried out by law enforcement officers (APH) including the KPK," he said.

This belief, continued Ali, arose because the KPK and the TNI had a passion for eradicating corruption, which is an extraordinary crime. However, in this effort, the anti-corruption commission certainly cannot do it alone, but needs assistance and synergy with other parties.

"Commitment, support, and synergy of all elements of society through their roles and functions are needed both through prevention, prosecution, and education approaches to foster personal integrity and anti-corruption," said Ali.

Meanwhile, through the Head of the National Police Public Relations Division, Inspector General Dedi Prasetyo, the police always prioritize the principle of equality before the law. Not only that, police investigators will certainly obey the rules of law enforcement and respect the rights of every citizen.

"Investigators must comply with the regulatory cell that regulates law enforcement procedures and respects the constitutional rights of every citizen. The principle of equality before the law applies," he said.