In 2013, the Government and the House of Representatives (DPR RI) began to discuss RUU KUHAP which has been developed since 1999. One of the discussion materials which caused pros and cons was the abolishment of initial investigation process in the RUU KUHAP. Pros and cons were not present only in the DPR’s discussion session but it also took place beyond it, including the objection of a number of agencies, including KPK.
KPK believed that the removal of initial investigation process will impede the law enforcement process on corruption crime and other extraordinary crimes and it also “weakens” KPK’s authorities. On the other hand the government believed that RUU KUHAP is lex generalis so it does not weaken KPK’s authorities to conduct initial investigation, investigation and prosecution. This writing will discuss what is meant by initial investigation existing the Criminal Procedure Law (KUHAP), KPK Law, or the RUU KUHAP as well as the recommendation to resolve the issues related to initial investigation.
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