Notification Letter To Begin Investigation (SPDP) As Supervision and Control Function of Criminal Acts of Corruption Case Investigation

Abstract

The procedural design of criminal case handling under the Criminal Procedure Code (KUHAP) places a Notification Letter to Begin an Investigation (SPDP) as an initial step in monitoring and controlling investigation. The KUHAP Control and Supervision Model by placing SPDP is lex specialis as the initial instrument of control and supervision of corruption case investigation, but this has undergone changes that can reduce the principle of functional coordination of investigation and at the same time negate the authority of the Public Prosecutor to follow up on investigation of corruption case due to the Decision of the Constitutional Court (MK) Number 130/PUU-XIII/2015. Thus, the Public Prosecutor is no longer in the position of supervisor and controller of investigation of corruption case, because the public prosecutor is only authorized as the apparatus of the investigation results, receives the minutes of investigation (BAP) and receives legal means of proof and suspects to proceed to the trial phase. The implementation of SPDP after the Constitutional Court Decision No. 130/PUU-XIII/2015 brings a new atmosphere in the criminal justice process specifically at the pre-trial phase that requires adjustments, and the rest cannot be accurately predicted, therefore it is recommended that the investigator of Indonesian National Police (Polri) can renew the Standard Operating Procedure in order to be more adaptive and professional.