Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other...
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![Page 1: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/1.jpg)
![Page 2: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/2.jpg)
• Established in December 2003
• Independent from the Executive, Legislative, Judiciary and any other powers
• Responsible to the Public
• Financially, KPK is audited by the Indonesian Supreme Audit Board
• Lead by 5 commissioners
![Page 3: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/3.jpg)
![Page 4: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/4.jpg)
![Page 5: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/5.jpg)
![Page 6: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/6.jpg)
Law Number 30 year 2002 Article 44:
“Preliminary evidence is considered to positively
identify a corrupt act if at least two material evidence has been
discovered, including but not limited to information
or data that is uttered, sent, accepted, or kept
electronically optically, or normally
![Page 7: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/7.jpg)
*Investigator authority based on Indonesian Law on Criminal Procedure:
*To take the first steps at the place of occurrence
*To order a suspect to stop and examine the suspect’s identification
*To carry out arrest, detention, search and seizure
![Page 8: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/8.jpg)
Search and
seizure
![Page 9: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/9.jpg)
Problems:*Authentication
*Volatility of evidence
*Very easy to be altered
Information Processing and
Analysis and digital forensic
Handling the evidence in the correct maner
Produce digital fingerprint ( i.e MD S HASH )
Support the investigator in analyzing the evidences
(i.e network analysis, extract, and cloning the
data )
![Page 10: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/10.jpg)
We include that digital
fingerprint in our affidavit
when we seize the evidence
This policy is taken to
strengthen the validity of the
evidence. Thus, the
validity of the evidence can be tested by
everyone
![Page 11: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/11.jpg)
*Indonesia is adopting continental law which means that the domination of the judge during the trial is significant. We have experienced challenges when we brought case which have many digital evidences. The judge questioned the validity of the evidences.
*KPK brought expert witness to the court to explain the validity of the evidence and the standard of digital evidence handling.
*To provide the information that we gain from the digital evidence into affidavit.
![Page 12: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/12.jpg)
*Occured in 2004–2007
*Committed by a company namely ALT Co & CEO of State Electricity Company (in Surabaya Branch) namely HS
* Have caused state loss of IDR175.000.674.815 (USD17,500,000)
![Page 13: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/13.jpg)
HS LAMPUNG
In 2003 state electricity company (in Sumatera branch) has contract with ALT Co to establish Customer Management System (CMS)
ALT company
SURABAYA
In the end 2003, HS transferred to the state electricity company
branch surabaya as CEO
CEO
ALT Co which was represented by SAM, GK and FZ, offered HS a proposal to establish CMS in surabaya. They also offered HS benefit sharing from the
project Existing CMS HS agreed the proposal even though he
knew there was existing CMS in SURABAYA
ALT Co and programmer of existing CMS made an agreement that ALT Co will use the existing CMS. The existing CMS also claimed as
a product of ALT company
HS and his staff facillitated ALT Co by making false procurement
![Page 14: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/14.jpg)
Search and Seizure
LAMPUNG(South
Sumatera)
SURABAYA(East Java)
ALT Co
GK
SAMFZ
HS
EXISTING CMS OWNER
![Page 15: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/15.jpg)
*Investigators found that ALT Co. did not make/perform any project/work relating with the CMS Project in Surabaya
* Further investigation found that HS, through his spouse, has been received bribe from ALT Co.
*It is proved that HS has received Rp 1.225.000.000 (USD122.500) from ALT Co. for the project
![Page 16: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/16.jpg)
Evidence (Email):
This proves an intention to give kickback to HS and other officials in the company..
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A false procurement bid..
![Page 18: Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is.](https://reader035.fdocuments.us/reader035/viewer/2022070413/5697bfd81a28abf838caef2c/html5/thumbnails/18.jpg)
8 years imprisonment and a fine of IDR
6.500.000.000 (USD650,000)
4 years imprisonment and a fine of IDR150.000.000 (USD150,000)
HS
SAM
ALT co
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*Changes in technology have brought a lot of challenges
*Traditional vs Modern Investigation Techniques
*How to utilise IT and other means to obtain evidence?
*How to provide such evidence in the court for trial?