Problematics of the Legal Settlement of Connective Crimes in Indonesia

This research discusses the issue of forming a Joint Decree of the Minister of Defense, Attorney General and Commander of the Indonesian National Army, whether it is in accordance with the provisions of the laws in force in Indonesia. This research falls into the category of normative legal research with a statutory and conceptual approach. The results of the research found that the Minister of Defense, the Attorney General and the Commander-in-Chief have the authority to form a Permanent Team for Investigating Criminal Crimes, but its formation does not involve elements of the Indonesian National Police as investigators of general crimes and certain Civil Servant Investigators as investigators of certain crimes (including Commission investigators). Eradication of Corruption) does not comply with the mechanisms regulated in the Criminal Procedure Code and the Military Justice Law. Conditions like this have the implication of not being able to carry out investigations into general crimes and specific crimes related to connection cases, except for corruption crimes. The issuance of the Joint Ministerial Decree has the implication of creating a statutory law in the process of investigating general crimes in connection cases. In order to fill this statutory law, law enforcers carry out legal smuggling by carrying out a separation process, resulting in the potential for inequality before the law.

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Publication Details

Journal
Hang Tuah Law Journal
Published
2024-12-12
DOI
https://doi.org/10.30649/htlj.v8i2.253
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Problematics of the Legal Settlement of Connective Crimes in Indonesia

Agung Pramono, Budi Pramono
Hang Tuah Law Journal
Indonesian Legal and Regulatory Studies
article

Problematics of the Legal Settlement of Connective Crimes in Indonesia

Agung Pramono, Budi Pramono
article en

Abstract

This research discusses the issue of forming a Joint Decree of the Minister of Defense, Attorney General and Commander of the Indonesian National Army, whether it is in accordance with the provisions of the laws in force in Indonesia. This research falls into the category of normative legal research with a statutory and conceptual approach. The results of the research found that the Minister of Defense, the Attorney General and the Commander-in-Chief have the authority to form a Permanent Team for Investigating Criminal Crimes, but its formation does not involve elements of the Indonesian National Police as investigators of general crimes and certain Civil Servant Investigators as investigators of certain crimes (including Commission investigators). Eradication of Corruption) does not comply with the mechanisms regulated in the Criminal Procedure Code and the Military Justice Law. Conditions like this have the implication of not being able to carry out investigations into general crimes and specific crimes related to connection cases, except for corruption crimes. The issuance of the Joint Ministerial Decree has the implication of creating a statutory law in the process of investigating general crimes in connection cases. In order to fill this statutory law, law enforcers carry out legal smuggling by carrying out a separation process, resulting in the potential for inequality before the law.

Hang Tuah Law Journal
Universitas Hang Tuah (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Indonesian Legal and Regulatory Studies
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