Harmonization of Investigation Regulations Based on Law No. 8 of 1981 and Regulation No. 6 of 2019 with an Orientation towards Dignified Justice in Indonesia

Abstract

Currently, the practice of investigation, including inquiry, as a form of formal criminal law to enforce substantive criminal law in Indonesia, is based on the National Police Regulation (NPR) No. 6 of 2019 concerning Criminal Investigation. This National Police Regulation can be considered an implementing regulation of Law No. 8 of 1981 on Criminal Procedure Law (CPL). Therefore, the substance of NPR No. 6 of 2019 should ideally be in harmony with CPL. The harmony of legal regulations ensures sound law enforcement. However, it is commonly complained that the substance of NPR No. 6 of 2019 does not contribute to the clarity of legal norms and appears to contradict CPL potentially leading to investigative practices that disturb the image of CPL as a noble creation. This study aims to provide solutions to the vagueness and disharmony of criminal investigation norms using a normative legal research method. The Dignified Justice Theory with the postulate of law as a perfect system navigates this research. Within the postulate of law as a system, there is an understanding that principles of law are always available as an important constituent element in the legal system to address issues such as ambiguity of meaning and conflicts of legal norms. This study finds, for example, in the Pancasila Legal System, there is the principle of lex superiori derogate legi inferiori which can be used to provide clarity, and harmonize conflicting legal norms regulating investigations, including criminal inquiry formulated in NPR No. 6 of 2019, with norms regulating similar matters in CPL.