The Constitutional Court (MK) has issued a ruling on the Corruption Eradication Commission (KPK) that could have a positive impact on the investigation of corruption cases in the military institution.
On Friday, November 29, 2024, the Constitutional Court granted part of the judicial review of Article 42 of Law No. 30/2002 on the Corruption Eradication Commission filed by an advocate identified as Gugum Ridho Putra.
Suhartoyo, Chief Justice of the Constitutional Court, said when reading the verdict that Article 42 was conditionally contradictory to the 1945 Constitution of the Republic of Indonesia. Based on this consideration, the Constitutional Court added a phrase of affirmation at the end.
“As long as the case in question is handled from the beginning or initiated/discovered by the KPK,” read the additional phrase, as quoted on Monday, December 2, 2024.
Initially, the article stated that the KPK has the authority to coordinate and control investigations, inquiries, and prosecutions of corruption crimes committed jointly by people subject to military justice and general justice.
This article was later considered to be one of the things that hampered the investigation of cases related to the military because it had to be carried out through military justice.
Through the latest decision, the KPK can now follow up on alleged corruption cases within the military environment without having to go through military court procedures.
Nurul Ghufron, Deputy Chairman of the KPK welcomed the decision. He appreciated the request for a judicial review of the article.
Alexander Marwata, also Deputy Chairman of the KPK, assessed that the decision emphasized the KPK’s authority to thoroughly investigate corruption cases.
The decision also emphasized the government’s commitment to eradicating corruption where everyone has the same position before the law.
Currently, the KPK is exploring a Memorandum of Understanding (MoU) for the implementation of the MK ruling with the Indonesian Military’s (TNI) Military Police Center (Puspom), Minister of Defense Sjafrie Sjamsoeddin, and TNI Chief General Agus Subiyanto.
