Handling of 'Connected Cases' by the Corruption Eradication Commission : Problems and the Concepts for Criminal Justice Reform

Corruption crimes can be perpetrated by any individual, regardless of civilian or military status. Crimes perpetrated collaboratively by civilians and the military will be adjudicated through a combined trial as stipulated in the Criminal Procedure Code. What if the offence is corruption and it is addressed by the Corruption Eradication Commission (KPK)? This is concerning because the KPK is not a law enforcement organisation governed by the restrictions outlined in the Criminal Procedure Code. This study seeks to offer solutions and propose methods for managing joint trials in corruption cases within the context of criminal justice system reform. The analysis concluded that the corruption cases addressed by the KPK arise from varying interpretations of Article 42 of the KPK Law among law enforcement authorities. Secondly, there is a legal void: the Criminal Procedure Code and the Military Court Law fail to govern investigators and prosecutors at the KPK, leaving them without the standards governing joint trials. To ensure legal certainty in addressing interconnected cases of criminal corruption, as per Constitutional Court Decision Number 87/PUU-XXI/2023 and the reform of the criminal justice system, it is essential to harmonise the Criminal Procedure Code, the KPK Law, and the Military Court Law, which will inevitably lead to the revision of the Criminal Procedure Code. Moreover, amendments to the KPK Law should be advocated to establish a specialised branch within the KPK to prosecute related cases.

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