YLBHI Asks Purbaya to Read the New Criminal Procedure Code, Impacts on Customs Authorities

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Director of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Isnur asked the Minister of Finance Purbaya Yudhi Sadewa to read the Criminal Procedure Code (
Criminal Procedure Code
) which was recently passed by the DPR RI.
Isnur made this statement at a press conference for the Civil Society Coalition for KUHAP Reform today, Saturday (22/11), at the YLBHI building, Jakarta.
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He said the new KUHAP meant that customs investigators lost their authority to arrest and detain illegal goods smugglers.
“Mr Purbaya, I ask the Minister of Finance to please read the KUHAP law because investigators at customs will lose their authority to arrest, they will lose their authority to detain without orders from National Police investigators,” said Isnur.
He then said, “So if there is an incident of customs crime, smuggling and so on, Mr Purbaya said he would arrest him, he would arrest him, hey, your customs investigators will lose their authority if there are no police investigators there.”
Customs investigators have the right to arrest smugglers based on Law No. 17 of 2006 and Law Number 35 of 2009 concerning narcotics for narcotics smuggling.
Last October, Purbaya stated that he planned to carry out large-scale arrests of perpetrators of illegal goods smuggling.
At that time, Purbaya even said that he already had a list of the names of the perpetrators involved in smuggling activities and just needed to carry out the legal process.
On this occasion, Isnur mentioned one of the articles that gives police investigators wider authority.
Article 93 of the Criminal Procedure Code states that civil servant investigators (PPNS) and certain investigators cannot make arrests unless ordered by the National Police investigator.
Apart from discussing the potential dangers of the KUHAP for customs, Isnur and members of the Civil Society Coalition for KUHAP Reform urged Indonesian president Prabowo Subianto to issue a government regulation in lieu of law (Perppu) canceling the implementation of this legal product.
The DPR officially passed the Criminal Procedure Code into law even though it received criticism from the civil coalition, one of which was because it did not involve public participation.
Chairman of Commission III DPR RI Habiburokhman claimed that the discussion of the RKUHAP fulfilled the principle of meaningful participation which involved many community organizations.
(isa/bac)
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