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Law Number 3 Of 1971

Original Language Title: Undang-Undang Nomor 3 Tahun 1971

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12
Investigators have the right to open, inspect and confiscate letters and deliveries through the Post, Telecommunications and others suspected of having links to the corruption criminal case being examined.

Section 13
.,, (1) Investigators at any time authorized to enter any place where it needs to be in conjunction with a unifying task, and if the circumstances require it, aided by the power tools of the state.
.,, (2) In terms of the occupants of a house refusing to enter his house, investigators can only enter together two witnesses. Within 2 X 24 hours of the entrance of the house it was made news of the show and a sheet of its ransom was delivered to the occupants of the house concerned for its importance.
.,, (3) Liability to make such events above apply also for the contemplating referred to in Section 64 of the paragraph (2) R.I.B.

BAB III.

THE CHECK IN ADVANCE OF THE COURT.

Section 14
The case of corruption and trial by the Court of State according to the Act and the Law of the Event is in effect, simply in this Act is not specified in another.

Section 15
The letter of the charge is made with a brief formulation of the intended deeds by elaborating the time and place the deed is performed.

Section 16
When at the beginning of the trial, the charge cannot be sufficiently understood by the defendant, then the General Prosecuting at the request of the Judge shall be further informed of the letter of the charge if the defendant's view may be harmed in the case of the defendant's opinion. His defense.

Section 17
.,, (1) The judge may introduce the defendant to the benefit of the examination giving the caption about the service that he is not guilty of committing a criminal corruption.
.,, (2) The account of the proof put forward by the defendant that he is not guilty as contemplated in verse (1) can only be dredged in terms of:
.,
., a., a. If the defendant makes clear to the examination, that which he does, according to the reasonable sense, does not harm the country's finances or the economy, or
., b. If the defendant makes clear to the examination, that his actions were committed in the public interest.
(3) In the case of the accused, it is clear that the evidence is in verse (1) that the description is used as a matter for which it is advantageous for him. In this case, the General Prosecuting remains the authority to provide the opposite proof.
When the defendant is not able to give testimony, it will be seen as a matter of time for which it is not for him. In such case the General Prosecuting is required to provide proof that the accused is guilty of a criminal corruption.

Section 18
(1) Each of the defendants is required to provide a description of the entire property and the husband, child and every person, and the body of the alleged relationship with the case in question when requested by the Judge.
(2) If the defendant cannot give a satisfactory account of the court hearing of the source of wealth unbalanced by his income or the source of the addition of his wealth, then the description may be used to strengthen the court. Witness every witness that the defendant has committed a criminal corruption.

Section 19
.,, (1) In examination the face of the witness Court is prohibited to mention the name/address or things that give the possibility of being able to identify the por.
.,, (2) At the time the examination will begin, the Judge provides a warning first to witnesses about the existence of the ban in paragraph (1) of this section.

Section 20
(1), except for the father, mother, grandmother, grandfather, suadara, and the wife/child's husband's children, then each is required to provide a description according to their knowledge as a witness or expert to the judge in question.
(2) The person who is exempt from providing the description as such a witness in paragraph (1) this section can be examined as a witness with a closed door if the defendant and the General Prosecutions allow, and the people themselves. Stop it.
., (3) Even without the permission of the defendant and the General Prosecuting, the person in the paragraph (2) of this section may be allowed by the Judge to capt outside the oath with a closed door.

Section 21
If the judge requests, the obligation to testify in Article 20 (1) of this Act, it applies to them, which, according to the law, must keep his knowledge of his knowledge with dignity, title or job, except the religious officer.

Section 22
.,, (1) By not reducing the applicable legal provisions concerning the Bank ' s secrets as referred to Article 37 paragraph (2) of the Law on the Banking Principles, then in the case of corruption at the request of the Supreme Court, the Minister of Finance can give the judge permission to ask the bank about the financial circumstances of the accused.
.,, (2) With such Finance Minister 's permission in paragraph (1), the Bank is required to display the Bank' s letters, and provide a description of the financial circumstances of the accused.
.,, (3) the provisions of such warranties in both paragraphs (1) and (2) above must be granted within a period of 14 (fourteen) days from the date of the acceptance of that permission by the Minister of Finance.

Section 23
.,, (1) If the accused after being invoked should not be present in the court hearing without giving a valid reason, then the case can be checked and disassembled by the Judge without his presence.
.,, (2) If the defendant is present at the next trial before the verdict is dropped, he is required to be checked/heard and the hearing is resumed.
.,, (3) The termination of the Court was announced by Panitera in the bulletin board of the Court/Local Government Offices.
.,, (4) Against the ruling of the Court being dropped without the presence of the accused, the defendant or his power may advance the appeal.
.,, (5) a. If there is a reason enough, that a man who died, before his trial there is a verdict that cannot be changed anymore, has committed a criminal corruption, then the judge on the charge of the prosecution, with the verdict of the Court of Justice. decided to take care of the confiscated items.
.,
n a preliminary examination the witness is prohibited to mention the name/address or other things that give the possibility of the possibility of pronunciation.

Section 11
For the cause of the controversy, and the inequities of the pertination of the matter, the inquedibility of the inquedier, and every man that has a thing to do with it, to show him all the letters, and all the things that are in his hands. Others that are seen need to be examined and investigators can confiscate it.
(2) Those who do according to the provisions of the law have to keep his knowledge of his knowledge connected with dignity, title or job cannot refuse to show the letters or parts of the letters or parts of the letters that are. referred to in paragraph (1) of this section except for the religious officer.

Sectionruption Crimination. The provisions of the Act are related to the development of the public, especially in order for the financial rescue and the economy of the country to play the national development program, it is insufficient to be able to afford it. Achieving the expected result, it needs to be replaced by new legislation on the eradication of corruption that includes the provisions of depreciation, prosecution and vetting of criminal corruption.
., with the formulation of the criminal corruption in Law No. 24 Prp. in 1960, many works are detriing to the financial and economic economy of the country as well as the implementation of National Development, which according to the sense of public justice must be Prosecuted and convicted, cannot be criminalised because the formulation is required for criminal corruption, a crime or a violation committed by the person concerned. In the reality of many works that harms the financial and economic states of the country, it is not forever preceded by a crime or offence.
It is, in fact, a corruption of the Law No. 24 of the Prp. in 1960, because it was not included in the formulation of a criminal corruption act according to the Act. To include such acts as a corruption of corruption formulated in such a way, to include the works of self-wealth or other persons, or of a body which is performed "against the law". Or indirectly can harm the country's finances and the economy of the country, or it is known or reasonable that it harms the finances of the country or the economy of the country. By means of the law, which is a matter of formyl or material, it is intended to make it easier to prove a punishable act, that is, " enriching oneself or someone else. Body ", from on meeting the provisions to prove prewar crimes as required by Law No. 24 Prp. in 1960.
In addition to the sanctity of the criminal corruption, which is the subject of corruption and economic corruption, the understanding of civil servants in this Act is the subject of a corruption of corruption, including not only. The understanding of the civil servant according to the formulation, as referred to in chapter 2, due to these experiences, people are not civil servants according to the legal understanding of the Administration, by accepting certain tasks of a body. country, body that receives aid from the State, can also do Such despicable deeds are above.
., in addition to the expansion of the formulation of the criminal corruption and the understanding of civil servants as it is above, it needs to be held in order to make it easier to prove and speed up procedures (inquiry, prosecution and inspection of follow-up). criminal corruption) of the Law of the Event that applies.
.,, the deviation was intended to speed up the procedure and make it easier for the investigation, prosecution and examination of the trial, in the case of evidence in a criminal corruption case which he could not have been able to get. Although these deviations are held, it does not mean that the rights of the accused/defendant in a criminal corruption are not guaranteed or unprotected, but are being carried out in such a way that perverts are not a result of the crime. The complete abolition of the suspect/defendant's rights is only a reduction which is forced to do so in order to save the dangers posed by corruption.
Such provisions are as follows:
., 1. Suspect/defendant is required to provide information about the entire property and the property of isteri/husband, child and any person, as well as the body for which it is believed to have affairs in question when requested by the investigator/Judges (Article 6 and 18 verses (1).
., 2. The judge may allow the defendant to give a description of the proof that he is innocent of a criminal corruption. Such provisions do not reduce the liability/opportunity of the Prosecutor to provide proof of the defendant ' s error (Article 17).
., 3. a. Except for some of the close family members that include fathers, mothers, grandmothers, siblings, siblings, isteri/husbands, children, grandchildren of the suspect/defendant, each obligatory person gives the description as a witness or expert to the investigator and the Judges (Articles 7 and 20).
.,
., b. Except for the religious officers, then those who, according to the law, should keep his knowledge of his knowledge with dignity, office, or work, shall be required to testify as witnesses to both the investigators and the Judges (Articles 8 and 21).
., c. In an examination, a witness's court is prohibited to mention the name/address or other things that give the possibility of pronunciation (Articles 10 and 19).
., 4. Investigators at any time are authorized to enter any place that is seen as necessary in conjunction with the examination duties (Article 13).
. .5. If the accused after being summoned should not be present in a court hearing without giving a valid reason, then he can be examined and disassembled by the Judge outside his presence (Article 23).
., 6. Corruption must be taken from other matters to be submitted to the Court to be examined and resolved in a short period of time (Article 4).
., 7. Lawful possession may be taken, and in addition the law can be punished for paying the sum of the amount equal to the value of the property obtained from corruption (Article 34).
., 8. If the defendant is unable to give a statement (Article 18 of the verse (1)) which satisfates the court of the source of his wealth, then the statement may be used to reinforce the description of another witness, that the defendant has committed a criminal offence. corruption (Article 18).
., 9. In both preliminary hearings and in court hearings, witnesses are prohibited from naming addresses or other things that may be known to have been informed by the public (Articles 10 and 19).

., in this Act still follow the principle that a criminal corruption that is committed by a person who is subject under the environmental powers of the Military Justice, ushered in, prosecuted and examined by the justice tools that apply to them. (Article 24). The provision still moves in the principle of separation which means that in a matter that is not the confounding of the justiciable justicibility of the Court of Justice in its own environment, the justiciable is not the military. It was submitted before the General Justice, while the Military justiciable to the military's justice.
., in the context of the corruption charges committed by a military man, along with a civilian according to section 55 and 56 K.U.H.P., then in principle, the Court of Negeri-lah, which is the authority to prosecute, with the order of the Judge of Justice. General and Military Justice.
., for the benefit of the examination then the Military Judge was taken from the Judicial Agency that has the jurisdiction over the accused A.B.R.I.. As an exception it has been set up in article 22 of the Law No. 14 of 1970 on the provisions of the Pokok Power of Justice. In the case of corruption being tried by the Military Court, the order of the Judges is from the Military Justice and the General Justice.
., to achieve a satisfactory outcome in the depreciation of corruption, whether cv>
No. 2958 (explanation Of State Sheet Of 1971 Number 19)

TOP EXPLANATION
STATUTE NO. 3 YEAR 1971
ABOUT
ERADICATION OF CRIMINAL CORRUPTION.

A. UMUM.

., the rules that are the basis for the eradication of corruption crimes before this Act applies is Law No. 24 of the Prp. 1960 about the Shrinkage, Prosecution and Examination of the Cor Bank are held firm as to what is set up in Article 36 of the Banking Pokok Act.
In accordance with Article 37 of the paragraph (2) of the Banking Act, provisions in Article 9 of this Act provide the authority to the Minister of Finance to give the Attorney General's permission to request the Attorney General's request for a statement of circumstances. The financials of the suspect and the suspect's bank papers.
Verse (3).
.,, to accelerate and streamline the investigation and prosecution of criminal corruption, then the provisions of such provisions above need to be limited to the duration of the 14 (fourteen) days of receipt of the request. That clearance by the Minister of Finance.

Article 10
The article in this article is meant to provide protection against the snitch is those who give information and information about a criminal corruption, so that the public is not afraid of the name/address that might be known. Endangering his safety, if he is known to the general public.
Because it is highly expected that the reports of the criminal corruption that have been committed or suspected to have been committed, it is necessary to be granted protection against those puns who are actually going to help with the eradication of corruption. In order for this protection to be guaranteed, witnesses are required to keep the name/address secret or things that allow the introduction of good rapporer in both the preliminary examination and in the court hearing (Article 19).
To prevent the breach of this provision then the sanes are determined, which are contained in Article 31.

Article 11
.,, Verse (1).
.,, this section stipulats some provisions if the investigator determines the details of the financial and/or property of the suspect.
Verse (2).
.,, the reasons for the procurement of this section are in accordance with the explanation of Article 8 and are linked to Section 9 above.

Article 12
., as determined that the letters and submissions through the Postal Service, Telecommunications and others which can be opened and examined by the investigator are alleged to have had a relationship with the criminal corruption case being examined then. The secret letters of mail sent by the sender were entrusted to the Postal Service, Telecommunications and others remain assured.

Article 13
.,, Verse (1).
., these provisions give investigators the authority to either in a state of urgency or not, be able to enter the house without first permission from the Judge.
Verse (2) and (3).
., in terms of the occupants of a house refusing to enter his house then investigators can enter together two witnesses. This provision is made by the means of having a relationship with one's rights, so that in order to be held, it is intended that the investigator exercise his right and authority without misappropriation.

Section 14
.,, pretty clear.

Article 15
.,, deviating from the terms of the applicable letter of accusation containing a brief description of the making of what is written by calling the section concerned.
Further elaborated by the suspect, while avoiding the use of the tehnis, which does not need to contain any of the core elements for the criminal offence, with a description of approximately the same. the times and at the place where the deed is done.
The letter of accusation in this section does not require any mention of the state at the time of doing the deed in particular matters that may relieve or incriminate the suspect as referred to in Article 250 of the paragraph (4) R.I.B.

Section 16
., in order to ensure the protection of the defendant ' s rights to provide his defense, then the General Prosecuting provides the addition of the caption to the brief of the charges.
This can only be done at the beginning of the trial orally.

Section 17
.,, Verse (1).
.,, the rules regarding the loading of proofs are not followed entirely though this does not mean that this section desires an inverted proof.
The reverse proof will result in the General Prosecuting being released. It is the obligation to prove against the wrong or not the defendant, and the defendant is otherwise burdened to prove false or unmiserable about his or her own.
In this section, the judge introduces the defendant to the proof of evidence that is not a proof-proof tool, but anything that can give more clarity to the seat of a matter is seated.
Verse (2).
.,, pretty clear
Verse (3).
., the proof of proof is a matter of judgment for a judge who can be seen as either beneficial or detriing to the defendant. Such favorable or adverse adverts are not those that contain either a punishment or exemption from punishment.
If the defendant can give a description of the proof, the General Prosecuting remains the authority to provide the opposite proof (tegenbewijs).
Verse (4).
., clear enough.

Article 18
If the defendant in the case of a criminal corruption cannot provide a satisfactory description of the source of his wealth, which is not in balance, or the source of his wealth, or of the source of his wealth, he shall be in use. to reinforce the testimony of witnesses that the accused has committed a criminal corruption could also be seen as a hint of such self-enriching acts in Article 1 of the paragraph (1) sub a.
In contrast to the property assessment, which was previously held by the Governing Body's Coordinating Board (Civiel rechtelijk) the defendant's obligation to give information about the source of his wealth can only be done. In a criminal case, corruption.

Section 19
.,, the explanation of Article 10 applies in this section simply regarding the examination in advance of the Court.

Section 20
.,, Verse (1).
., the provisions of this Section 7 apply also to the examination in advance of the Court.
Verse (2) and (3).
.,, the Soul of the provisions in verses (2) and (3) this is in accordance with Articles 275 verses (1) and (2) R.I.B.

Section 21
., the provisions of this Section 8 and its explanation apply to the examination in advance of the Court.

Article 22
.,, the provisions of this Section 9 and its explanation apply also to the examination in advance of the Court.

Section 23
.,, Verse (1).
The thing that is specified in this article is based on the idea that a defendant has the right to be present in a court hearing in order to submit his defence efforts or to put forth everything in question. by the examiner. But if the defendant does not use that right then the Court can conduct an examination without the defendant's presence in the trial.
Verse (2).
.,, if in time of ongoing trial examination and not yet reached a verdict, a new defendant is present at the next hearing he is required to be heard and checked and the court hearing runs steadily. Therefore, in the Criminal Eradication Act of the Corruption Act as an exectionalized law, the right to free itself from the testimony is given limited to the religious officer in that sense above. But instead of the rights of officials who included all three of the other categories, the testimonies of these were only asked as the last attempt to complete the proof.

Article 9
.,, Verse (1) and (2)
., on the bank secrets of theiv> Verse (3)
.,, pretty clear
Verse (4).
.,, the Lazer for a court ruling that was dropped without the defendant's presence opened the possibility for the defendant to submit a fight but in a corruption case to speed up the procedure, the resistance agency was abolished. The court's ruling may be appealed according to the rules of the court.
Verse (5).
.,, disbursed as an intent in Sub-a. This verse is issued as a designation of Judge (beschikking).
Verse (6).
In the case of a person who has no right to appeal to a judgment (5) but may submit a letter of objection to the (designation) verdict.

Section 24
.,, pretty clear. See The General Explanation.

Section 25
.,, pretty clear. See The General Explanation.

Article 26
The Determination of this article is that in the face of corruption, which the culprit is made of people who shall be judged by the courts of the justice of the military or the people, who shall be judged by the courts of the courts of the courts of the law. The court in the justice of the Judicial General's Office of Inquiry is on the Attorney General is a manifestation of the endeavor of uniformity in the inquiry.

Section 27
.,, as a continuation of the provisions in Article 26 then in the case of the Attorney General after consulting with the Commander of the Armed Forces argues that there is enough reason to file a corruption case in advance of the Atasan Court.
The Condemned officers do not use their authority as set forth in Article 10 of the paragraph (1). B. It is to determine that the suspect's case will be resolved outside the Court by closing the matter or by completing a disciplinary action.

Article 28
., these provisions that constitute an increase from the criminal threat in Law No. 24 Prp. in the 1960s were held in conjunction with the loss and danger of being grown by the criminal corruption.

Article 29
., therefore, due to an act of obstruting, complicating, it is a beneficial meaning for a criminal corruption, then it must be threatened with a fairly severe criminal.

Article 30
., same as the explanation for Article 29.

Article 31
., look at the explanation of Article 10 and Article 19.

Section 32
.,, pretty clear.

Section 33
.,, pretty clear.

Article 34
, in order to obtain the maximum outcome of the country's financial losses or the economic turmoil of the country, it is considered necessary for the seizure of evidence in case corruption is not limited to what it means. in Article 39 K.U.H.P. so that the additional punishment is an extension set in the K.U.H.P.

If the payment of a replacement money cannot be met by the defendant then do the provisions regarding the implementation of the penalty payment.

Section 35
., the provisions of this section are held to protect a third party whose real faith is of good faith.

Section 36
.,, for the matters referred to in this section are treated by the laws of corruption committed with the intent to follow the legality of such legality in Article 1 of the paragraph (1) K.U.H.P.
Azas legality is a fundamental element within the state of the law, in addition to recognition of the rights of the azation that should be held high and the justice element is free.
The messenger of the azas, which has resulted in a law as a whole has receding power (power retro actief) and can be interpreted analogically, sometimes done by an authoritarian government and the dalarn state law can only be justified by emergency law.
The provisions of Article 36 in particular apply to the transitoir matter, so that the provisions of the Corruption Eradication Act apply entirely to the deeds done after The law is set.

Section 37
.,, pretty clear.