Analysis of the Concept of Certain Investigators in the R-KUHAP Using the Principle of Legality

DOI

10.2991/978-2-38476-491-4_4How to use a DOI?

Keywords

Principle of Legality; Clear and Precise; Strict; Degradation

Abstract

The concept of a certain investigator has the potential to cause problems. According to Article 1, number 4 of the R-KUHAP, a certain investigator is an official of an institution other than the National Police Investigator and the PPNS who is given investigative authority. Explanation of Article 6 paragraph (1) letter c of the R-KUHAP, Certain Investigator, for example, a Certain Investigator at KPK, a Certain Investigator at the Prosecutors’ Office, and a Certain Investigator at OJK. Article 6, paragraph (2) of the R-KUHAP: The National Police Investigator is the principal investigator who is given the authority to conduct investigations into all criminal acts. Article 7, paragraphs (3 and 4) of the R-KUHAP stipulate that the PPNS and Certain Investigator, in the exercise of their duties and authorities, are coordinated and supervised by the National Police Investigator, so they are required to coordinate with the National Police Investigator until the case file is submitted. However, Article 7 paragraph (5) of the R-KUHAP stipulates otherwise, that coordination and supervision by National Police Investigators do not apply to Prosecutors’ Office Investigators, KPK Investigators, and TNI AL Investigators. The legal issues are the ambiguity, inaccuracy, and lack of strictness of the concept of a certain investigator, as well as the degradation of the position of National Police Investigator. This research is a doctrinal legal research, using a statutory and conceptual approach. The discussion of the legal issues is in the form of a prescriptive analysis to compile legal arguments regarding the ambiguity, inaccuracy, and lack of strictness of the concept of specific investigators, as well as the degradation of the existence of National Police Investigators. The conclusion of this article confirms the ambiguity, inaccuracy, and lack of strictness of the concept of certain investigators, as well as the degradation of the position of National Police Investigator.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Deni Setya Bagus Yuherawan
AU  - Fanny Tanuwijaya
AU  - Ferdricka Nggeboe
AU  - Subaidah Ratna Juita
AU  - Hermawan Hermawan
PY  - 2025
DA  - 2025/11/18
TI  - Analysis of the Concept of Certain Investigators in the R-KUHAP Using the Principle of Legality
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 20
EP  - 30
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_4
DO  - 10.2991/978-2-38476-491-4_4
ID  - Yuherawan2025
ER  -