The Criminal Act of Obstruction of Justice in Handling Criminal Acts of Corruption (Study of Decision Number 30/Pid.Sus-TPK/2023/Pn Bdg)

Abstract

The defendant's actions are considered to obstruct the investigation, prosecution, and examination process in court, as regulated in Article 21 of the Corruption Law, including the elements of Obstruction of Justice. This study applies a normative juridical method with a statutory approach, a case approach, and a conceptual approach. This study aims to understand how prosecutors categorize Obstruction of Justice compared to participation or assistance, and how the form of Obstruction of Justice is manifested in the decision of the case study. The results of the study indicate that the defendant actively carried out a series of actions that obstructed the legal process, including hiding the whereabouts of witnesses/suspects, providing financial assistance, disguising vehicle identities, and providing directions regarding escape locations, the defendant's actions in this case have fulfilled the elements in Article 21 of the Corruption Law. This study shows a strong indication that the defendant's actions involved other parties and met the criteria for participation and assistance as regulated in Article 55 and Article 56 of the Criminal Code. This study emphasizes the need for a more comprehensive approach when accompanied by the application of articles in the Criminal Code that regulate participation and assistance.