The Position of Military Police Investigator in Investigating Criminal Against Soldier of the Indonesian Armed Forces Regarding Evidence from Banks

Abstract

Military Police Investigators based on Law No.31 of 1997 concerning Military Courts are one of the investigators within the Military Courts environment. In carrying out their duties, the investigator encountered obstacles when collecting evidence related to banking, such as customer data and banking transactions, especially customers who are members/soldiers of the Indonesian National Armed Forces (TNI). This is because according to Law No.10 of 1998 concerning Banking there are limitations to law enforcement agencies being granted permission to request evidence from banks. After conducting a literature study, it can be concluded that there are constitutional rights granted by the 1945 Constitution regarding the position and authority of Military Police investigators which cannot be carried out properly in obtaining evidence from banks in the process of investigating Military Criminal cases by TNI Soldiers. In addition, there is disharmony between the norms in the Law on Military Justice and the Law on Banking regarding the authority of Military Police investigators to obtain evidence from banks, which will lead to discrimination for Military Police investigators who also have the duty and function of being law enforcement officers trying to find material truth in gathering evidence. evidence in a crime, as well as causing chaos in law enforcement due to overlapping laws and regulations and resulting in legal uncertainty. So it is necessary to carry out various strategies through legal politics whose implementation is in the form of policy formulation at the legislative level, namely through banking law reform or judicial review.