JAKARTA - The Corruption Eradication Commission (KPK) claims that the investigation into alleged corruption will not be disturbed after the new KUHAP was enacted on Friday, January 2. This policy is considered to still provide room for lex specialis or specificity for its agencies.
"This new KUHAP is because it still provides a lex spesialis space for the enactment of laws, both the KPK law and the Tipikor law, so we feel that there is certainly no obstacle in handling corruption cases at the KPK," said KPK Spokesperson Budi Prasetyo to reporters at the KPK Red and White Building, Kuningan Persada, South Jakarta, Tuesday, January 6.
Budi said this belief was based on a number of articles contained in the new Criminal Code, such as Article 3 and Article 367. "(Both, ed) still provide room for lex specialis, which means that the Tipikor Law, the KPK Law is still valid as an instrument in handling corruption cases at the KPK," he said.
"Then in article 361 related to the article of transition, that is, in cases where the investigation or prosecution has already taken place, it will be completed or completed using the old KUHAP. As for cases where the investigation or prosecution has not yet begun, then it will refer to the new provisions in the KUHAP," continued Budi.
Even so, in the future, the KPK ensures that there will be adjustments to the standard operating procedures. "It is still being discussed internally," said Budi.
For information, the Minister of Law (Menkum) Supratman Andi Agtas said law enforcement officers were ready to implement the new KUHAP and KUHP which were officially implemented since January 2. Meanwhile, the implementation of the policy was called a breakthrough by the Coordinating Minister for Legal, Human Rights, Immigration, and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra.
"We officially leave the colonial criminal law system, and enter an era of more humane, modern, and just law enforcement," Yusril said in a written statement, Friday, January 2.
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