by Dharma Na Gara

Criminal Law, denpasar, lawyers in baliJune 2, 20240 comments 0 Likes

Rights of Suspect and Defendant

Rights of Suspect and Defendant

Indonesia’s Criminal Law Procedure (Kitab Undang-undang Hukum Acara Pidana/KUHAP)

Article 50 KUHAP

(1) The suspect has the right to be immediately examined by investigators and can then be referred to the public prosecutor.

(2) The suspect has the right to have his case immediately brought to court by the public prosecutor.

(3) The defendant has the right to be immediately tried by the Court.

Article 51 KUHAP, to prepare a defense:

(1) The suspect has the right to be informed clearly in a language he/she understands about what is suspected of him/her when the examination begins.

(2) The defendant has the right to be informed clearly in a language he/she understands about what he/she is accused of.

Article 52 KUHAP

During examinations at the investigative and court levels, suspects or defendants have the right to provide information freely to investigators or judges.

Article 53 KUHAP

(1) During examinations at the investigation and court stage, suspect or defendant have the right to receive the assistance of an interpreter as intended in Article 177 at any time.

(2) In the event that the suspect or defendant is mute/speech impaired and the provisions as intended in Article 178 shall apply.

Article 177 KUHAP

(1) If the defendant or witness does not understand Indonesia Language, the chief judge at the trial appoints an interpreter who swears or promises to correctly translate everything that must be translated.

(2) If a person cannot be a witness in a case, he/she cannot either be an interpreter in that case.

Article 178 KUHAP

(1) If the defendant or witness is mute and/or deaf either cannot write, the chief judge at the trial shall appoint an interpreter person who is good at getting along with the defendant or witness.

(2) If the defendant or witness is mute and/or deaf but can write, the chief judge at the trial shall convey all questions or warnings to him/her in writing and the defendant or witness is instructed to write his/her answers and then all questions and answers must be read.

Article 54 KUHAP

For the purposes of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisors during the time and at each level of examination, according to the procedures specified in this law.

Article 55 KUHAP

To obtain legal advice as stated in Article 54, the suspect or defendant has the right to choose his/her own legal adviser.

Article 56 KUHAP

(1) In the event that a suspect or defendant is suspected or accused of committing a crime which is punishable by the death penalty or a sentence of fifteen years or more or for those who are incapacitated/poor who are threatened with a sentence of five years or more who do not have their own legal counsel, the official who concerned at all levels of examination in the judicial process are obliged to appoint legal advisors for them.

(2) Every legal advisor appointed to act as intended in paragraph (1), provides his assistance free of charge.

Article 57 KUHAP

(1) A suspect or defendant who is subject to detention has the right to contact his legal advisor in accordance with the provisions of this law.

(2) A suspect or defendant of foreign nationality who is subject to detention has the right to contact and speak with representatives of his country in dealing with the case process.

Article 58 KUHAP

A suspect or defendant who is subject to detention has the right to contact and receive a visit from his personal doctor for health purposes, whether related to the case process or not.

Article 59 KUHAP

A suspect or defendant who is subject to detention has the right to be informed about his or her detention by an authorized official, at all levels of examination in the judicial process, to his or her family or other people in the same household as the suspect or defendant or other people whose assistance is needed by the suspect or defendant to obtain legal assistance or guarantee for its suspension.

Article 60 KUHAP

The suspect or defendant has the right to contact and to get visitation from parties who have familial or other relationships with the suspect or defendant in order to obtain guarantees for suspension of detention or to seek legal assistance.

Article 61 KUHAP

The suspect or defendant has the right directly or through his legal advisor to contact and receive visits from his relatives in matters that have nothing to do with the suspect’s or defendant’s case for work purposes or family interests.

Article 61 KUHAP

The suspect or defendant has the right directly or through his legal advisor to contact and receive visits from his relatives in matters that have nothing to do with the suspect’s or defendant’s case for work purposes or family interests.

Article 62 KUHAP

(1) A suspect or defendant has the right to send letters to his legal advisor, and receive letters from his legal advisor and relatives whenever required by him, for this purpose the suspect or defendant is provided with stationery.

(2) Correspondence between a suspect or defendant and his legal advisor or relatives is not examined by investigators, public prosecutors, judges or state detention officials unless there is sufficient reason to suspect that the correspondence has been misused.

(3) In the event that a letter to a suspect or defendant is reviewed or examined by an investigator, public prosecutor, judge or state detention center official, this matter is notified to the suspect or defendant and the letter is sent back to the sender after affixing a stamp saying “has been examined”.

Article 63 KUHAP

The suspect or defendant has the right to contact and receive visits from churchman/priest.

Article 64 KUHAP

The defendant has the right to be tried in a court hearing that is open to the public.

Article 65 KUHAP

The suspect or defendant has the right to seek and present witnesses and/or someone who has special expertise to provide information that is favorable to him.

Article 66 KUHAP

The suspect or defendant is not burdened with the obligation of authentication.

Article 67 KUHAP

The defendant or public prosecutor has the right to request an appeal against the decision of first stage Court, except for the decision of acquittal, free from all charges regarding the issue of inaccurate application of the law and the Court’s decision in a speedy proceeding.

Article 68 KUHAP

The suspect or defendant has the right to demand compensation and rehabilitation as regulated in Article 95 and following.

For more information, please consult your problem with us.

Source:

Undang-undang No. 8 tahun 1981 tentang Hukum Acara Pidana