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Chapter XIII
| CRIMINAL INVESTIGATION |
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| Article 101 |
| (1) |
Whenever BAPEPAM
believes that a violation of this Law or
its implementing regulations has damaged
Capital Market interests and/or has
placed property of investors or the
public in jeopardy, BAPEPAM may initiate
a criminal investigation. |
| (2) |
Specific Government
Officials of BAPEPAM have special
authority to conduct criminal
investigations with respect to the
Capital Market, based on provisions in
the Indonesian Criminal Code. |
| (3) |
Investigators
referred to item (2) are
authorized to: |
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a. |
Receive reports,
information or complaints from Persons
with respect to Capital Market crimes; |
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b. |
Investigate the
authenticity of reports or information
relating to Capital Market crimes; |
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c. |
Investigate Persons
suspected of Capital Market crimes; |
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d. |
Summon, inspect,
and request information and evidence from
Persons suspected of Capital Market
crimes; |
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e. |
Inspect books,
records and other documents with
reference to Capital Market crimes; |
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f. |
Inspect certain
locations where evidence may be found in
books, records and other documents and
seize materials that may be used as
evidence in criminal cases related to the
Capital Market; |
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g. |
Block bank accounts
or other financial assets of Persons
suspected of Capital Market crimes; |
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h. |
Request
professional assistance in criminal
investigations related to the Capital
Market; and |
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i. |
Determine the
initiation and termination of an
investigation. |
| (4) |
When conducting an
investigation as mentioned in item (1),
BAPEPAM, may make a request to the
Minister to obtain information from banks
on the financial situation of suspects,
under applicable banking laws and
regulations. |
| (5) |
Investigators
mentioned in item (2), shall
announce the initiation of an
investigation and deliver their results
to the Attorney General, in
accordance with provisions in the Indonesian
Criminal Code. |
| (6) |
When using the
investigative powers mentioned in item
(1), BAPEPAM may request assistance
from other law enforcement agencies. |
| (7) |
BAPEPAM officials
and other Persons appointed by BAPEPAM to
conduct criminal investigations, may not
use for themselves information obtained
by virtue of this Law, or disclose such
information to another Person, except as
necessary to achieve BAPEPAM purposes, or
as otherwise required by law. |
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