by Dharma Na Gara

Criminal LawJanuary 2, 20220 comments 0 Likes

The General/Ordinary Flows of the Criminal Law Procedure in Indonesia:

The general/ordinary flows of the criminal law procedure in Indonesia:

1. Report/complaint is made by the community/victim(s) to the Police Office covering the area where the crime occurred based on at least 2 evidences;
2. The police will conduct investigations and interrogations by summoning the parties to be examined, witness (es), expert(s), examining goods and/or evidence and if the elements of criminal act are fulfilled based on enough evidences then a suspect(s) will be determined. Regarding the suspect(s) detainment on the interrogation stage is based on the Police’s discretion and also punishment threats in the alleged article(s);
3. After the file is declared complete or P21 by the Public Prosecutor, the file and the suspect will be transferred by the Police to the Prosecutor’s Office for an indictment;
4. The prosecutor then transferred the documents to the district court;
5. The case is then heard by the competent District Court and at the trial there are various agendas, namely:

• Pretrial/Praperadilan (if submitted);
• The identity checking of the defendant(s);
• The reading of the indictment (by the Public Prosecutor);
• Exception/objection/rebuttal from the defendant/Legal Counsel/Lawyer (reply to each other between the Legal Counsel/Lawyer and the Public Prosecutor);
• Interlocutory Verdict/Decision by the Judges (Interlocutory verdict usually decides regarding the relative or absolute competence of the court, exception/objection from the defendant/legal counsel, etc.);
• Authentication (examination of witness(es), goods/evidence(s), expert(s), defendant(s) and others);
• Charge(s) from the Public Prosecutor and pleas or defenses by the defendant/Legal Counsel/Lawyer (reply to each other between the Prosecutor and the defendant/Legal Counsel/Lawyer);
• Decision/Verdict by the Judges;

6. If the parties, either the defendant and/or the public prosecutor, do not accept the decision/verdict of the District Court level, then the appeal can be lodge to the High Court within 7 (seven) days from the date the decision was rendered or after the decision is notified to the absent of the defendant through the District Court’s Clerk which has decided the case, as referred in Article 233 paragraph (2) KUHAP so that the case is examined by the High Court. If the parties do not accept the decision of the High Court, the parties can file an appeal (we call it “kasasi”) to the The Supreme Court within a period of 14 (fourteen) days through the District Court’s Clerk which has decided the case from the date the verdict is notified to the defendant as referred in Article 245 paragraph (1) KUHAP. The convict can also take extraordinary legal effort, namely the Judicial Review (Peninjauan Kembali/PK) to the Supreme Court through the District Court’s Clerk which has decided the case if the Decision has been legally binding.

Notes:

Decisions of the court of first level/district court which cannot be appealed include:

• acquittal or vrijspraak;
• The decision of released from any charges or Onslag van Recht Vervolging;
• Quick court procedure verdict/decision.

As for the three cases above, an appeal (we call it “kasasi”) to the supreme court should immediately filed.

Thus, the general/ordinary flows of criminal law proceeding throughout Indonesia, in fact there are still many details that I could explain, but in order to shorten the time and make it easy for the public to understand, I summarize it in outline and the rest you can read in the source below or you can consult with us.

Source:

1. KUHAP/Kitab Undang-undang Hukum Acara Pidana.
2. Yahya Harahap, S.H., 2009, Pembahasan Permasalahan dan Penerapan KUHAP Penyidikan dan Penuntutan, Sinar Grafika, Jakarta.
3. Yahya Harahap, S.H., 2009, Pembahasan Permasalahan dan Penerapan KUHAP Pemeriksaan Sidang Pengadilan, Banding, Kasasi dan Peninjauan Kembali, Sinar Grafika, Jakarta.
4. https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-pidana/808-tata-urutan-persidangan-perkara-pidana
5. https://pn-bandaaceh.go.id/alur-perkara-pidana/
6. https://www.pn-bekasikota.go.id/images/AlurPidana/Prosedur-Persidangan-Pidana.jpg