Kewenangan Komisi Pemberantasan Korupsi (KPK) untuk Menyidik Anggota TNI Bersama-Sama dengan Sipil Secara Koneksitas pada Kasus Tindak Pidana Korupsi

Abstract

Based on Article 42 of Law Number 30 of 2002, KPK is also given the authority to coordinate and control investigations and prosecutions of criminal acts of corruption carried out jointly by persons subject to the General Court and Military Court. However, in practice KPK experiences problems in implementing its authority to investigate connectivity cases, as happened in the Basarnas case. There are multiple interpretations of views regarding whether KPK has the authority to investigate TNI and civilian members with connectivity procedures in a court. To research above-mentioned legal issues, the researcher used normative legal research method with descriptive-analytical framework. Researcher used a statutory approach and a conceptual approach. Researcher used theory of of lex specialis, authority theory, and criminal policy theory as analytical tools. This research uses primary, secondary and tertiary legal materials. The data collection technique used is through literature study where the data collected is grouped according to each problems, and then analyzed qualitatively so that conclusions can be drawn. KPK experiences problems due to the lack of clear procedures for implementing the authority to investigate cases in connectivity and the lack of harmonization of regulations/policies with other related agencies which also have authority in connectivity cases. The harmonization that is needed is a change in the definition of "military crime" in the Military Justice Bill, changes to KPK laws and regulations related to the KPK's organizational structure, and changes to the agency of origin for KPK investigators/prosecutors which so far can only be filled by the National Police, Prosecutor's Office and PPNS. It is necessary to have a special Deputy for handling connectivity cases as well as a KPK Investigator who comes from the military to help implement the authority to handle connectivity cases at the KPK institution in accordance with Article 42 of Law Number 30 of 2002.