Implementation of investigation by the Indonesian national police in eradicating corruption crime

Armunanto Hutahaean and Erlyn Indarti

Journal of Money Laundering Control, 2020, vol. 23, issue 1, 136-154

Abstract: Purpose - This paper aims to study the Integrated Criminal Justice System; the law enforcement carried out by the Indonesian National Police is expected to be able to realize legal values, namely, legal justice, expediency and certainty. Design/methodology/approach - This research can broadly be grouped into the realm of the socio-legal research approach. The domain of law enforcement in corruption cases is related to the preliminary investigation and full investigation process. The research location chosen is at Indonesian National Police Headquarter (Mabes Polri) and Greater Jakarta Metropolitan Regional Police. The main data sources are stakeholders who are related and have the authority as preliminary phase investigators and full phase investigators. The next informants are determined by snowball technique, which consists of several informants as follows: Director of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, head of Corruption Crime Sub-Directorate of Greater Jakarta Metropolitan Regional Police, investigators of Corruption Crime Sub-Directorate of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, members of Commission III of the Indonesian House of Representatives (DPR), constitutional law experts and police experts. The data in this research are obtained through observation activities, visual interviews, document interpretation (text) and material and personal experience. Findings - The corruption cases handled by the Indonesian National Police have mostly come from information reports from the public. Based on the information report from the community, the preliminary investigation phase is carried out by the preliminary phase investigator of the Indonesian National Police in the field. In addition, a preliminary investigation and full investigation is carried out due to the results of an audit from the BPK or BPKP. Preliminary investigation and full investigation begin after it is alleged that a criminal act of corruption had occurred based on the report, complaints and information received by the preliminary phase investigator or full phase investigator from the community. In conducting the preliminary investigation and full investigation of corruption cases, based on the results of the research conducted, it is also found that the Indonesian National Police’s preliminary phase investigator and full phase investigator experience several obstacles, besides supporting factors that support the success of a preliminary investigation and full investigation. Originality/value - This research is a case study in which no previous studies have used the same method in Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). This paper is the result of the researcher’s research on what is described above, guided by the constructivism paradigm, the researcher applies the paradigmatic analysis to understand how the preliminary investigation and full investigation on corruption crimes by Greater Jakarta Metropolitan Regional Police act as part of an integrated criminal justice system. Through the paradigmatic analysis, the researcher then reveals how while upholding the law, the Indonesian National Police actually sought to realize legal justice, expediency and certainty.

Keywords: Law enforcement; Corruption crime; Full investigation phase; Indonesian national police; Preliminary investigation phase; Legal values (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-12-2018-0075

DOI: 10.1108/JMLC-12-2018-0075

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