| dc.description.abstract | Corruption constitutes a severe threat to economic stability and democracy
in Indonesia. In combating this crime, obstacles frequently emerge in the form of
obstruction of justice, perpetrated by various parties attempting to thwart legal
proceedings. This research examines three primary issues. First, how obstruction
of justice (the crime of obstructing investigations) is regulated within Indonesia's
positive criminal law. Second, how criminal liability is imposed upon individuals
who obstruct the investigation process according to Law Number 31 of 1999 and
Law Number 20 of 2001. Third, how judicial considerations operate in deciding
obstruction of justice cases in Decision Number 24/Pid.Sus-TPK/2023/PN Kdi
and Decision Number 1/PID.SUS-TPK/2024/PT KDI. This study employs a
normative juridical method with statutory and case approaches. Secondary data
comprising primary, secondary, and tertiary legal materials were collected
through library research and analyzed qualitatively. The findings reveal that
obstruction of justice regulations are dispersed across various legislations with
varying degrees of clarity. The old Criminal Code remains limited and
insufficiently specific, whereas the 2023 Criminal Code provides more systematic
formulations through Chapter VI on Crimes Against the Judicial Process. The
Anti-Corruption Law specifically regulates obstruction in Article 21 with heavier
sanctions. Criminal liability is founded upon individual responsibility principles
with elements that must be cumulatively fulfilled, encompassing the legal subject
of "every person", the element of intent, and acts of preventing, obstructing, or
thwarting the investigation process. Analysis of court decisions demonstrates that
judicial panels interpret the element of "obstruction" broadly, although room
exists for debate regarding causal relationships and the interpretation of intent
within the context of protecting suspects' constitutional rights. This research
recommends the necessity for regulatory harmonization, strengthening law
enforcement capacity, and enhancing public awareness to reinforce the
effectiveness of law enforcement against obstruction of justice in corruption cases. | en_US |
