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Wednesday, December 4, 2024

Who prosecutes military graft?

Indonesia's Constitutional Court appears to have answered the question in favor of civilian authorities, according to this article in The Jakarta Post. Excerpt:

The Constitutional Court has affirmed that the Corruption Eradication Commission (KPK) has the authority to investigate corruption cases in the Indonesian Military (TNI) until the issuance of a final and legally binding verdict, as long as the KPK was the initial body to bring the case. The court based its decision on a reinterpretation of Article 42 of Law No. 30/2002 on the KPK in a judicial review filed by lawyer Gugum Ridho Putra. Article 42 stipulates that the KPK has the authority to coordinate and manage the investigation and prosecution of an alleged act of corruption conducted by individuals who are subject to a military tribunal and a civilian court. Reading out the court’s decision on Friday, Chief Justice Suhartoyo said Article 42 was conditionally in conflict with the 1945 Constitution, and therefore an affirming phrase was added at the end: "As long as the law enforcement of the case in question is handled from the beginning or initiated/founded by the KPK."

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