SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PERKARA TINDAK PIDANA KORUPSI
Abstract: KUHAP is not
formulating clearly what it means with the termination ofinvestigation but
instead only providing the formulation regarding theinvestigation only. Besides
the regulation regarding the procedure oftermination of prosecution has been
arranged more detail and clearer, whileregarding the termination of
investigation the regulation is not complete.However, it can be formulated that
the termination of investigation is theaction of investigator to cease the
investigation of an event allegedly to be acriminal act, due to “make it clear
that an event is allegedly and to determinea subject as the suspect that there
is not enough evidence or from aninvestigation it is found that the event is
not a criminal act or the investigationis terminated for the sake of law”. It
is stated in KUHAP article 109subsection (2). In contrast to Public Prosecutor
and Police Department as aninvestigator of a criminal act, Corruption
Eradication Commission (KPK)agency which is the institution or state’s agency
formed by the Law No.30year 2002 regarding Criminal Act of Corruption
Eradication Commission isnot authorized to issue a Warrant of Investigation
Termination (SP3) in eachof the investigation conducted. It has been confirmed
in Article 40 the LawNo.30 year 2002 regarding Criminal Act of Corruption
EradicationCommission.
Keywords: Investigation, The
Termination of Warranty of Investigation, Distinctive Criminal Act, Corruption
Penulis: Etik Jamsianah, I
Gede Artha, Ni Nengah Adiyaryani
Kode Jurnal: jphukumdd120146
