Judicial Review of the Authority to Investigate Financial Crimes after the Constitutional Court Decision Number 59/PUU-XXI/2023: Comparison of Indonesia, Australia, Japan and Germany
Financial crime refers to all illegal actions carried out by individuals or groups with the aim of obtaining financial gain. In facing this challenge, it is important for policy makers and legal practitioners to continue to carry out in-depth reviews of the authority to investigate financial crime. This research aims to examine the authority in investigating financial crime after the Constitutional Court Decision Number 59/PUU-XXI/2023 through a comparison between Indonesia, Australia, Japan and Germany. The method used in this research uses a conceptual approach and a comparative approach with normative research types. The research results show that the authority to investigate financial crime after the Constitutional Court decision Number 59/PUU-XXI/2023 has experienced significant changes in Indonesia. In Indonesia, the Constitutional Court decision Number 59/PUU-XXI/2023 regulates that investigators must be under the control and supervision of the National Police. This decision confirms the position of the National Police as an institution that has the authority to supervise and control the financial crime investigation process. This is expected to increase effectiveness and efficiency in law enforcement in the financial sector, as well as ensuring that the investigation process is carried out in a transparent and accountable manner. In comparison, in Australia, financial crime investigative powers are managed by several agencies, including the Australian Federal Police (AFP) and the Australian Securities and Investments Commission (ASIC). Japan has a Financial Services Agency (FSA) and a National Police Agency (NPA) which coordinate the investigation of financial crimes. Meanwhile, in Germany, the authority to investigate financial crimes falls under the Bundeskriminalamt (BKA) and financial supervisory institutions such as BaFin. This comparison shows that each country has a different approach in regulating the authority to investigate financial crime. In Indonesia, the confirmation of control and supervision by the National Police is expected to increase cooperation between law enforcement agencies and strengthen efforts to eradicate financial crime.