JAKARTA - The decision of the Indonesian National Police to entrust the handling of the case of alleged corruption in the coal-fired power plant project which dragged former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah to the Attorney General's Office has sparked debate among legal experts.
Former Constitutional Court Chief Mahfud MD questioned the legal basis for the move, while legal and political analyst Boni Hargens assessed that the decision was a tactical move to maintain the effectiveness of law enforcement and avoid inter-institutional clashes.
Mahfud MD assessed that the term "transfer" as regulated in the Criminal Procedure Code (KUHAP) can only be carried out after the case file is declared complete or P21 by the public prosecutor. According to him, in this case what happened was the submission of a file for further investigation, not the transfer of the case in the legal sense.
Mahfud argues that the mechanism has the potential to be in conflict with the provisions of Article 8 and Article 110 of the Criminal Procedure Code which regulate the procedures for the submission of case files between investigators and public prosecutors in stages.
On the other hand, legal and political analyst Boni Hargens views the steps of the National Police as a rational institutional solution to avoid potential conflicts between law enforcement agencies.
According to Boni, the decision must be understood as an effort to maintain harmony between the National Police and the Attorney General's Office in the criminal justice system, not merely seen from a procedural aspect.
"The difference between the transfer of files and the submission of files for further investigation is not merely a semantic issue, but concerns jurisdiction, legal responsibility, and the validity of the prosecution process," said Boni.
Boni explained that there were a number of legal bases that could serve as a basis for the Polri's decision. One of them is Article 14 of Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia which gives the Polri discretionary authority in determining the investigation strategy, including coordinating across institutions for the effectiveness of handling cases.
In addition, he quoted Articles 38 to 40 of Law Number 16 of 2004 concerning the Prosecutor's Office which gives the Prosecutor's Office the authority to coordinate in the investigation and investigation of certain criminal offenses.
"The Attorney General has the authority to coordinate the investigation and investigation of certain criminal offenses. Therefore, the submission of files can be constructed as coordination between law enforcement agencies in a legally valid criminal justice system," said Boni.
He also assessed that this step was in line with the principle of dominus litis which places prosecutors as the controller of cases in the Indonesian criminal justice system. Thus, the involvement of the Prosecutor's Office from the investigation stage is considered to strengthen the legitimacy of the prosecution process.
In addition, Boni assessed that the police's decision was also in line with the principles of the Integrated Criminal Justice System (SPP) which emphasizes inter-agency coordination of law enforcement, namely the police, prosecutor's office, court, and correctional institution.
According to him, the strongest argument for the National Police is to interpret the submission of the case as a form of institutional coordination between law enforcement agencies, not as a case transfer as referred to in the Criminal Procedure Code.
"Thus, the mechanism does not have to be subject to the requirements of P21 as regulated in the Criminal Procedure Code, but rather a form of coordination supported by the Police Law, the Attorney General's Law, and the principle of the Integrated Criminal Justice System," said Boni.
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