| dc.description.abstract | Investigator are police officers or civil officials who were given some
special authority by law to conduct investigations, investigator's role in the
legislation is to seek and gather information and evidence to determine whether an
event that happened, reported, complained, isa crime or not, if the results of the
investigation is shows that it isa criminal act, then investigator find and collect
evidence to make clear of a crime that had happened and found the suspect.
‘A factor which distinguishes police investigator and civil investigator in
the conduct of law enforcement based on statutory provisions as follows:
Indonesian National Police Investigator can conduct an investigation on general
criminal offenses and other criminal acts which spread outside of the Criminal
Code or also known as special criminal offenses. civil investigators can only
conduct investigations on a few particular crimes, in which became the legal
basis. In the event concourse of crime or cases handled by civil regarding some
authority or law concerning authority that is not within their power, investigation
will be conducted by police investigator. Indonesian National Police Investigator
are the functional supervisors of civil when the supervisors are not civil officials.
‘The role of Indonesian National Police Investigator and Customs
investigators in eradicating smuggling act is not yet effective, efficient, integrated
‘and coordinated and also not yet synergized in between Indonesian National
Police Investigators and civil as a result of investigator dichotomy stated in the
Law No.17/2006 which was than amended by law 10/1995 on Customs and the
Government Regulation No.55/1996 regarding Customs criminal investigation.
‘Law No.10/1995 on customs has produced a component or subsystem in
the criminal justice in Indonesia, which is Customs Investigator as single
investigator. On the other hand, police investigator in the Customs Act can
conduct investigations in certain situations or customs investigator are not allow
to conduct investigation as stipulated in Government Regulation No.55/1996 on
criminal investigations in the field of customs and excise, the investigation’s
dichotomy could impede the eradication of "smuggling act.
Government Regulation No.55/1996 which is the implementation
regulation of Law No10/1995 regarding Customs is in contrary to the Law
'No.8/1981 on the Law of Criminal Procedure, in accordance with the Principles of
Legislation that the regulations should not be less conflict with higher regulations
(Lex Superiori Derogat Lege Inferior, Lex Superiori Derogat Lege Inferior)
‘Amendment to Article 112 of Law No.10/ 1995 on customs as changed
by State Law No. 17/2006 is necessary for effectiveness and efficiency in
eradicating the crime of smuggling, consequently, with no restrictions on
the authority of the Indonesian National Police Investigator and Customs
Investigator on Customs Law, the criminal investigation can be integrated,
coordinated and a synergistic relationship can be created between police
investigator and customs Investigator in a unified criminal justice system. | en_US |
