Peranan Kepolisian dalam Mengungkap TIndak Pidana Korupsi : Studi Kasus di Kepolisian Daerah Sumatera Utara

Abstract

The Law No. 3 1 in 199 1 that is renewed by the Law No. 20 in 200 1 about the Removing of Penal Corruption, the leader of Polri based on the Leader of Territory Police (KAPOLDA) in Indonesia had made the development of organization place in handling the penal acts corruption by fonning the Unity of Penal Acts Corruption in Polda and the Unit of Penal Acts corruption in Regional Police (Pokes) who serves in investigating and finding out the penal acts which inflict the state financial lost. The penal acts corruption which often happened and handled by the North Sumatera State Police Investigator and the staffs dominated by wrong deed by the state and official public which did not continue public rights such as logistic supply., job volume decreasing in govennent project mark up/mark down government assets and so on. Quantitatively, the sums of penal acts con-uption solving by Sat Tipikor Territory Police of North Sumatera and the presented to prosecuting attorney in 45 (forty five) cases and the others which still in process are 51 (fifty one) cases. In revealing these problems, in this research, nonnative juridical by qualitative approach in used by researcher that discusses about how the rights as the part of Criminal Justice System, the penal responsibility and also the investigators of Polri matters that are faced by the police investigator in revealing penal acts corruption. Next, revealing the result of this research and supported by real data, so the researcher discovers a conclusion based on the investigator facts Sat Tipikor Territory Police of North Sumatera has strategic function in fighting against corruption that can the State Police of Indonesian Republic describes about the function and main duty of police that intend to get the national safety include protected the safety, order, protector, guard, citizens server, order and stands the law and also respect to the human rights. Therefore, in facing a person who cuts off the reaching of citizens wealthy mainly done by the organize functionary state in every divergence, so regional police must be quick and attentive in taking action based on the available rules and law. But the effectively of the solving penal acts corruption in seemed many cases have not handled on clearly. It is much influenced by the professionalism ability of the investigator and investigator assistant in comprehending the available law rules and certainty. The right of regional police investigator as the part of Criminal Justice System has been suitable with Penal Code (KUHAP) has agreed the organization of investigator, general prosecutor and judge who have a relationship and touched dot each other. Therefore, it is necessary to have harmonized work relationship and coordination among the law up holding persons. The relationship of the witnesses sometimes does not give the supporting information but tends to protect the defendant, so it can make the investigate process slower. The work of investigator supposed has not good enough yet that can be seen from the low of solving cae sums which come to the court, and more added by the free corruption case after checked in council state court because there are some problems where the investigator wholly has not be able to check the corruption case effectively and efficiently, and also has not be able to balancing the ability and insensitivity of defendant to keep his criminal. In avoiding the late investigation, it is necessary to take a solving action based on the quick, exact and clear pattern. In paying attention all of the matters above Sat Tipikor Territory Police of North Sumatera needs to have efforts in increasing the human resources, making agreement with relevant institute and also an effort by having case discussion because of the turning over and over of the prosecuting attorney which are attended by JPU and relevant institute in this case as the expert witness both the academic side as well from the practice side so that if JPU has similar opinion with the result of checking that is made by the investigator so JPU publisher P21 that is gone to the hands over defendant and also with the proofs to the prosecuting attorney. Next on, it is needed to have the profesional increasing, good personal integrity and high discripline from the human resources that are needed in reaching the optimal solution of penal acts corruption.