Inp.polri.go.id - Jakarta. The Constitutional Court has granted on Thursday (21/1202023) a judicial review request of Law No. 4 of 2023 of Financial Sector Development and Strengthening (PPSK Law), allowing police investigators to investigate financial services cases.
The judicial review to challenge the authority to investigate financial services cases was previously solely under the Financial Services Authority (OJK) investigators was applied by advocate Dr Muhammad Rullyandi.
The article being reviewed was Article 49 paragraph 5 of the P2SK Law which stipulates that "the investigation of criminal offenses in the financial services sector can only be conducted by investigators of the Financial Services Authority.
"Stating article 49 paragraph 5 of the Financial Sector Development and Strengthening Law. Contrary to the 1945 Constitution and has no binding legal force conditionally, as long as it is not interpreted as 'Investigation of non-crimes in the financial services sector can be carried out by investigators of the Financial Services Authority'," said Chairman of the Constitutional Court, Dr Suhartoyo.
The Court also revealed that Article 49 paragraph (5) of the P2SK Law, which only authorizes OJK investigators, disregards the integrated criminal justice system.
"Even though the law allows investigative authority to other state institutions, the authority must not ignore the application of an integrated criminal justice system. This principle is carried out with the obligation to always build coordination between investigators who are not law enforcers and state institutions that are given the authority to conduct investigations in accordance with their respective duties and authorities with Police investigators," said Judge Prof Arief Hidayat.
(mg/my/pr/nm)
