PENYADAPAN OLEH PENYIDIK KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI DALA PERSPEKTIF SISTEM PERADILAN PIDANA

Abstract

The aims of this research are to analyze the mechanism of tapping by Corruption Eradication Commission (KPK) which can become an instrument of evidence and to analyze the policy formulation of tapping by the Corruption Eradication Commission (KPK) in the future. The kind of this research is normative legal research or library legal research. From the results of the research it can be inferred that, fistly, the authority to tap by the Corruption Eradication Commission (KPK) for pre-investigation, investigation and prosecutions crime is based on 12 paragraph (1) letter a Act Number 30 of 2002 concerning Corruption Eradication Commission (KPK). Further regulation on the tapping procedure/mechanisms is regulated in Standard Operating Procedure (SOP). In evidencing process before the court, the tapping results are extension of source of instrument of evidence of clue, besides letters and witness information, and it is not a new type of evidence instrument. It has evidencing power value of conducted by law enforcer or upon his request as long as the legislation gives such outhority. Secondly, based on the function of policy formulation of criminal law, the idea for the making of new criminal law regulation in the future (ius contituendum) there should be legislation in the form of Act concerning the procedure/mechanism of tapping by law enforcers in the framework of for pre-investigation, investigation, and prosecution conducted by Corruption Eradication Commission (KPK).