ANALISIS YURIDIS PENETAPAN TERSANGKA PEMBERI KETERANGAN PALSU DI BAWAH SUMPAH DI DEPAN PERSIDANGAN OLEH KOMISI PEMBERANTASAN KORUPSI TERHADAP SAKSI DALAM KASUS KORUPSI

Abstract

Basically, the Corruption Eradication Commission has the duty, authority
and obligation to conduct investigations, investigations, and prosecutions against
corruption. One of the basis for arriving at the suspicion of false information is
stated in Article 163 of the Criminal Procedure Code, from the formulation of the
article it is known that one of the grounds for arriving at a false testimony is if the
witness's testimony in the hearing is different from the statement contained in the
minutes. The judge has the right to assess the evidence of witness testimony and
the authority of the judge because of his position to determine witnesses who
allegedly gave false information in order to be processed in accordance with
Article 174 of the Criminal Procedure Code. The purpose of writing this scheme,
namely; First, to find out the investigators of the Corruption Eradication
Commission are authorized to determine the suspect providing false information
to witnesses who testify under oath before a court in a corruption case without a
court order. Second, to find out the arrangement or mechanism for determining
suspects giving false information to witnesses who give testimony under oath
before a court in a case of corruption based on the Criminal Procedure Code.
This type of research can be classified in the type of normative juridical
research, because in this study the author conducted a study of the rules and
regulations concerning the problem under study.
From the results of the research problem there are two main things that can
be concluded. First, the Investigator of the Corruption Eradication Commission
has the authority to determine the suspect giving false information to witnesses
who testify under oath before a court in a case of corruption without a court order
constituting a mistake in law enforcement. Second, the arrangement or
mechanism for determining the suspect giving false information to witnesses who
testify under oath before a court in a case of corruption based on the Criminal
Procedure Code must refer to the provisions of Article 174. The author's
suggestion, First, It is expected that there is legal certainty as efforts to overcome
differences in law enforcement against witnesses who commit criminal acts before
a court hearing, judges and investigators must have clear and written limitations
in the legislation. Secondly, it is recommended that investigators respect the
examination process at a court of law not to investigate cases that are being
processed in court without any request or order from the case handling judge.
Keywords: Law Enforcement - Witness - False Testimony - Corruption
Eradication Commission