Year: 2026
Type: article
Abstract: Economic crimes have grown increasingly complex, demanding cross-sectoral investigations. In Indonesia, investigative authority is distributed among the Police (Polri), the Corruption Eradication Commission, the Financial Services Authority, the Directorate General of Taxes, and Civil Servant Investigators. This multi-agency structure creates overlapping jurisdictions. Although the new Criminal Procedure Code designates Polri as the lead investigator, operationalizing this role remains challenging due to sectoral procedural specificities. This study aims to analyze the normative construction of Polri's investigative authority, identify normative conflicts arising from sectoral fragmentation, and formulate legal implications for harmonization. Employing a normative juridical method, the research uses statutory, case, and conceptual approaches. It evaluates the legal framework through the theories of attribution, delegation, and mandate, and assesses legal certainty using Radbruch's standards. The findings reveal that Polri's authority constitutes an attribution conferred directly by statute. Constitutional Court decisions have expanded the pool of predicate offense investigators but intensified coordination burdens. Furthermore, while the new code designates Polri as the primary investigator, procedural exclusivity in sectoral laws, such as the financial services statute, continues to impede effective coordination. The framework satisfies the standard of being clearly formulated but falls short on stability and workability. Legislative harmonization is required to establish clear boundaries between general and specialized investigative competence, binding coordination protocols, and a robust framework for digital evidence and personal data protection aligned with the new procedural code.
Authors: Wira Utama Baginda, Yahman Yahman
Institution: Universitas Bhayangkara Surabaya
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7225565274