by Dharma Na Gara

Criminal LawApril 5, 20231 comment 0 Likes

Pretrial

Pretrial is not a self-judicial institution. But it is only the granting of new power and function that the Indonesia Criminal Law Procedure (KUHAP) has delegated to each District Court, as an additional authority and function of the District Courts that have existed so far. If all this time the authority and function of the District Court are trial and decide criminal and civil cases as the main task, then it is given additional tasks to assess whether legitimate or illegitimate the detention, confiscation, termination of interrogation or termination of prosecution by interrogators or public prosecutors, which the authority is given to the Pretrial. The matters described above can be read in the Article 1 point 10 of the Indonesia Criminal Law Procedure (KUHAP), which confirms: Pretrial is the authority of the District Court to examine and decide according to the law regarding:

1. Whether the arrest and/or detention is legitimate or not at the request of the suspect or his/her family or other party on the suspect’s behalf;
2. Whether the termination of the interrogation or the termination of the prosecution is legitimate or not at the request for the sake of upholding the law and justice;
3. Request for compensation or rehabilitation by the suspect or his/her family or another party on his/her behalf whose case was not lodge to the court.

What it is regulated in Article 1 point 10 of the Indonesia Criminal Law Procedure (KUHAP) is emphasized in Article 77 of the Indonesia Criminal Law Procedure (KUHAP) which explains: The District Court has the authority to examine and decide, as regulated in this law regarding:

1. Whether the arrest, detention, termination of the interrogation or termination of the prosecution are legitimate or not;
2. Compensation and/or rehabilitation for a person whose criminal case is terminated at the level of interrogation or prosecution.

For more information, please schedule a meeting with us.

Source:

KUHAP (Kitab Undang-undang Hukum Acara Pidana).

Yahya Harahap, S.H., 2009, Pembahasan Permasalahan dan Penerapan KUHAP, Pemeriksaan Sidang Pengadilan, Banding, Kasasi dan Peninjauan Kembali, Sinar Grafika, Jakarta.