Former Junior Attorney General for Special Crimes Can Be Examined Without Permit, Says Legal Expert

Jakarta – The controversy regarding whether a permit is required before examining former Junior Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah has drawn a response from legal expert Professor Henry Indraguna. He assessed that such provisions must refer to the prevailing positive law. According to Henry, the Criminal Procedure Code (KUHAP) does not stipulate any obligation for investigators to obtain a permit before summoning or examining a prosecutor.

“KUHAP, as the criminal procedure code, does not regulate an obligation to obtain a permit before an investigator summons or examines a prosecutor,” he said, as quoted on Wednesday, 22 July 2026.

He explained that the Attorney General’s Law also does not contain any provisions requiring a permit from the President, the National Police Chief, the Attorney General, or any other official as a condition for the criminal examination of a Jampidsus. Henry stated that under the KUHAP, investigators have the authority to summon a person, conduct an examination, request information, carry out seizures and searches, and even name a suspect once the required evidence is met.

“There is no provision stating that this authority ceases merely because the person being examined holds the position of Jampidsus,” he said. He also conveyed that any limitation on the investigator’s authority must be based on statutory regulations. According to him, if there is no regulation regarding the obligation to obtain a permit, then such a provision cannot be made a condition for examination.

“Such an interpretation would actually contradict the principle of legality (nullum officium sine lege). Any official suspected of violating the law can be processed directly in accordance with the applicable jurisdiction and procedural law,” he stated. Furthermore, Henry presented five conclusions. First, there is no provision in the KUHAP or the Attorney General’s Law that requires a permit before examining a Jampidsus. Second, the examination is conducted based on the investigator’s authority in accordance with criminal procedural law. Third, coordination between law enforcement agencies is an administrative policy and not a legal requirement for examination. Fourth, imposing a permit requirement not regulated by law is considered contrary to the principle of legality and the principle of equality before the law. Fifth, juridically, the examination of a Jampidsus does not require a permit, unless there is a change in the laws and regulations stipulating otherwise.