Kul 6 - Slide Praperadilan International
Kul 6 - Slide Praperadilan International
Kul 6 - Slide Praperadilan International
CRIMINAL PROCEDURE IN
INDONESIA
Aristo Pangaribuan
1. DEFINITIONS
1) Legal Basis in Indonesia: Article 77-83 Criminal
Procedure Code/KUHAP.
(3) The legitimacy of the seized objects as a means of proof (vide, art.
82 paragraph (1) b KUHAP)
⚪ Subjects of pretrial:
2) Within three days after the receipt of the request, the appointed
judge (single judge) set the day of trial;
3) Examination done quickly and not later than seven days the judge
must have passed the decisions;
4) In the event that a case has been started to be examined by the
district court, while hearing on a request for the pretrial
unfinished, then the request fall;
4. PRETRIAL VERDICT
(vide, article 82 paragraph (3)
KUHAP)
Verdict must contain:
1) In the case of an arrest or detention is invalid :
i. The investigator or the public prosecutor at the level of each
examination should immediately release the suspect(vide,
article 82 paragraph (3)a KUHAP)
ii. In its verdict, specified the amount of compensation and
rehabilitation(vide, article 82 paragraph (3)c KUHAP)
Examine and decide upon the validity of an arrest or detention at Examine and decide upon the validity of an arrest or detention at
the request of the suspect or his family or any other party for the the request of the suspect or his family or any other party for the
power of the suspect. power of the suspect.
Examine and decide upon the validity of termination of an Examine and decide upon the validity of termination of an
investigation or prosecution in the demand for law and justice investigation or prosecution in demand for law and justice
Examine and decide upon requests for damages or rehabilitation by Examine and decide upon requests for damages or rehabilitation by
the suspect or his family or any other party for attorney that his the suspect or his family or any other party for attorney that his
case was not brought to trial case was not brought to trial
2) Request applicants are accepted for most with consideration: "that further
conditions that fundamentally regulated in Article 21 paragraph (1) Criminal
Procedure Code/KUHAP that containment should be based on enough evidence
that at least two items of evidence amongst legitimate evidences mentioned in
Article 184 paragraph (1) Criminal Procedure Code, and whether it has been
met by the Respondent
Advanced
3) "Considering that, from the written evidence presented by the Respondent .... is
only a summons of witnesses to be questioned and invitation for case presentation
by the Respondent, which is related to allegations of corruption in Procurement
Project Bioremediation (waste treatment) at PT Chevron Pacific Indonesia,
without the results of the Minutes of Examination (BAP) brought forward which
was made by Respondent as investigators, with the hope that from the BAP can be
demonstrated that the examination of the witnesses have been able to be
evidence and enlighten of a crime that occurred, and it is known who the suspects
a quo whether it was the Applicant, and it is in line with the terms of the
investigation as mentioned in Article 1 paragraph 2 of the Criminal Code. “
5) "Considering that the acts which the Respondent has established the Applicant as
a suspect violated Article 2 paragraph (1) or Article 3 of Law 31 of 1999 jo. Law
No.20 of 2001 on Corruption Eradication is not valid. "
Lanjutan
South Jakarta Disrict Court’s Verdict No.:04/Pid.Prap/2015/PN.Jkt.Sel. Tahun 2015
BUDI GUNAWAN VS KPK
APPLICANT
9. Trial Examination Agenda
⚪ I. Introduction
Petition, example: