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{{Short description|Law within Indonesia}}
{{Orphan|date=September 2011}}

{{Infobox
{{Infobox
|name = Criminal Procedure in Indonesia
|name = Criminal Procedure in Indonesia
|above = <span style="vertical-align:1px;">[[File:Indonesia flag large.png|80x80px]]</span>&nbsp;&nbsp;'''<br>[[Criminal Procedure in Indonesia]]
|above = <span style="vertical-align:1px;">[[File:Flag of Indonesia.svg|border|80x80px]]</span>&nbsp;&nbsp;'''<br>[[Criminal Procedure in Indonesia]]'''
|abovestyle=border-bottom:1px solid #CC0000;" colspan="1"
|abovestyle=border-bottom:1px solid #CC0000;" colspan="1"
|headerstyle = color:white;background:brown;
|headerstyle = color:white;background:brown;
Line 15: Line 14:
|data6 = General Courts of Justice <br> Religious Courts <br> Military Courts <br> Administrative Courts <br> Human Rights Courts
|data6 = General Courts of Justice <br> Religious Courts <br> Military Courts <br> Administrative Courts <br> Human Rights Courts
|header7 = Number of Cases Received in 1997 by State
|header7 = Number of Cases Received in 1997 by State
|data8 =
|data8 = [[File:Number of General Crime Cases.png|thumb|Number of General Crime Cases in Indonesia]]
}}
}}
</noinclude>
{{Main|Criminal procedure|Criminal law}}


[[Indonesia]] is a [[civil law]] country with five major codes. Its [[criminal procedure]] code, the [http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf Kitab Undang-Undang Hukum Acara Pidana ("KUHAP")], determines the procedures and rights of individuals at different stages of the [[trial]] process.
[[Indonesia]] is a [[Civil law (legal system)|civil law]] country with five major codes. Its [[criminal procedure]] code, the [http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf Kitab Undang-Undang Hukum Acara Pidana ("KUHAP")], determines the procedures and rights of individuals at different stages of the [[trial]] process.


== Brief History of Indonesia's Criminal Procedure ==
== History of Indonesia's criminal procedure ==
[[File:KUHAP.png|thumb|Criminal Procedure Code of Indonesia|1000px]]


=== Colonial Times ===
=== Colonial times ===


Before 1910, “Hakum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a [[civil law system]] that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two [[statute]]s to govern different parts of Indonesia. The ''Herziene Inlandsch/Indonesisch Reglement'' ("HIR")<ref>http://www.ladvolaw.com/indonesian-overview.html (accessed 15 September 2011)</ref> applied to Jawa and Madura, while the ''Rechtsreglement Buitengewesten'' ("Rbg") applied to the rest of Indonesia. The Adat laws applied to the [[natives]] only if it did not clash with the Dutch statutory provisions.<ref>''IDE Asian Law Series No. 8'', Achmad Ali, Law and Development in Changing Indonesia</ref>
Before 1910, “Hukum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a [[civil law system]] that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two [[statute]]s to govern different parts of Indonesia. The ''Herziene Inlandsch/Indonesisch Reglement'' ("HIR")<ref>http://www.ladvolaw.com/indonesian-overview.html {{Webarchive|url=https://web.archive.org/web/20120121012545/http://www.ladvolaw.com/indonesian-overview.html |date=2012-01-21 }} (accessed 15 September 2011)</ref> applied to Jawa and Madura, while the ''Rechtsreglement Buitengewesten'' ("Rbg") applied to the rest of Indonesia. The Adat laws applied to the [[natives]] only if it did not clash with the Dutch statutory provisions.<ref>''IDE Asian Law Series No. 8'', Achmad Ali, Law and Development in Changing Indonesia</ref>

⚫
=== Japanese occupation ===


⚫
=== Japanese Occupation ===
When the Japanese occupied Indonesia in March 1942, they applied their Japanese [[Martial Law]]. This superseded all existing laws in Indonesia at that time.
When the Japanese occupied Indonesia in March 1942, they applied their Japanese [[Martial Law]]. This superseded all existing laws in Indonesia at that time.


=== Present ===
=== Present ===


Today, Indonesia’s legal system is based on Dutch Colonial Law, Adat Law and National Law.<ref>Robert Strang, ""More Adversarial, but not Completely Adversarial": Reformasi of the Indonesian Criminal Procedure Code" (2008) 32 FIL 188 at 195</ref><ref>http://www.lu.se/images/Syd_och_sydostasienstudier/working_papers/mason.pdf at p4 (accessed 14 September 2011)</ref>
Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law.<ref>{{harvp|Strang|2008|p=195}}</ref><ref name="Mason">http://www.lu.se/images/Syd_och_sydostasienstudier/working_papers/mason.pdf {{Webarchive|url=https://web.archive.org/web/20120331232603/http://www.lu.se/images/Syd_och_sydostasienstudier/working_papers/mason.pdf |date=2012-03-31 }} at p4 (accessed 14 September 2011)</ref>


After Indonesia gained [[independence]] in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding [[adversarial system|adversarial]] features to the criminal procedure. However, the KUHAP does not sufficiently protect [[human rights]] and its safeguards are often ignored in practice because there are no penalties for failing to comply with the Act.<ref>''Ibid''</ref> In response to dissatisfaction with the formal procedures in the Act, a working group drafted a new statue to replace the KUHAP in 2000. However, Indonesia has not adopted the working group's recommendations to date.<ref>''Ibid''</ref>
After Indonesia gained [[independence]] in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding [[adversarial system|adversarial]] features to the criminal procedure. However, the KUHAP does not sufficiently protect [[human rights]] and its safeguards are often ignored in practice because there are no penalties for failing to comply with the Act.<ref name="Mason"/> In response to dissatisfaction with the formal procedures in the Act, a working group drafted a new statue to replace the KUHAP in 2000. However, Indonesia has not adopted the working group's recommendations to date.<ref name="Mason"/>


== Steps Involved in an Ordinary Criminal Trial ==
== Steps involved in an ordinary criminal trial ==


[[File:Criminal Process in Indonesia (2).jpg|thumb|Criminal Trial Process in Indonesia|400px|left]]
[[File:Criminal Process in Indonesia (2).jpg|thumb|Criminal Trial Process in Indonesia|400px|left]]


=== 1. Arrest ===
=== Arrest ===


The police must produce a [[arrest warrant|warrant]] upon arrest if the suspect is not "caught in the act".<ref>Indonesia Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, 1981) Art 18(1)</ref> They must also send a copy of such warrant to the suspect’s family.<ref>''Ibid'' Art 18(3)</ref>
The police must produce a [[arrest warrant|warrant]] upon arrest if the suspect is not "caught in the act".<ref>{{harvp|KUHAP|1981|loc=Art 18(1)}}</ref> They must also send a copy of such warrant to the suspect's family.<ref>{{harvp|KUHAP|1981|loc=Art 18(3)}}</ref>


=== 2. Detention ===
=== Detention ===


Suspects must be released within one day of arrest<ref>''Ibid'' Art 19(1)</ref> unless the investigator, prosecutor, or judge orders a [[detention of a suspect|detention]]. Detention is limited to offences liable to imprisonment of 5 years or more, and crimes under Art 21(4)(b).<ref>''Ibid'' Art 21(4)</ref> Suspects may be detained for a maximum of 60 days without [[judiciary|judicial]] consent.
Suspects must be released within one day of arrest<ref>{{harvp|KUHAP|1981|loc=Art 19(1)}}</ref> unless the investigator, prosecutor, or judge orders a [[Remand (detention)|detention]]. Detention is limited to offences liable to imprisonment of 5 years or more, and crimes under Art 21(4)(b).<ref>{{harvp|KUHAP|1981|loc=Art 21(4)}}</ref> Suspects may be detained for a maximum of 60 days without [[judiciary|judicial]] consent.


=== 3. Investigation ===
=== Investigation ===


Investigators must inform the public prosecutor before they begin their investigations.<ref>''Ibid'' Art 109(1)</ref> If the investigation is terminated due to insufficient evidence or if the event does not constitute an [[offence (law)|offence]], investigators must inform the prosecutor and suspect.<ref>''Ibid'' Art 109(2)</ref>
Investigators must inform the public prosecutor before they begin their investigations.<ref>{{harvp|KUHAP|1981|loc=Art 109(1)}}</ref> If the investigation is terminated due to insufficient evidence or if the event does not constitute an [[offence (law)|offence]], investigators must inform the prosecutor and suspect.<ref>{{harvp|KUHAP|1981|loc=Art 109(2)}}</ref>


During investigation, investigators have the authority to summon [[witness]]es for examination.
During investigation, investigators have the authority to summon [[witness]]es for examination.


When the investigation is completed, investigators must promptly submit the dossier of the case to the public prosecutor. If the public prosecutor believes that the investigation is incomplete, he will return the dossier and order for a supplementary investigation.<ref>''Ibid'' Art 110</ref> The dossier is then resubmitted.
When the investigation is completed, investigators must promptly submit the dossier of the case to the public prosecutor. If the public prosecutor believes that the investigation is incomplete, he will return the dossier and order for a supplementary investigation.<ref name="Art110">{{harvp|KUHAP|1981|loc=Art 110}}</ref> The dossier is then resubmitted.


=== 4. Prosecution ===
=== Prosecution ===


After examining the dossier of the case, the public prosecutor will determine if the case meets the requirements to be brought to court. If he decides to prosecute, he must prepare a Bill of [[Indictment]] and bring the action before an appropriate district court.<ref>''Ibid'' Art140(1)</ref> Summonses will then be issued to the suspect and witnesses, if any, to attend trial.
After examining the dossier of the case, the public prosecutor will determine if the case meets the requirements to be brought to court. If he decides to prosecute, he must prepare a Bill of [[Indictment]] and bring the action before an appropriate district court.<ref>{{harvp|KUHAP|1981|loc=Art 140(1)}}</ref> Summonses will then be issued to the suspect and witnesses, if any, to attend trial.


If the public prosecutor decides to cease prosecution, he must produce a written decision to be sent to suspect, investigator, and the judge.<ref>''Ibid'' Art 140(2)</ref> Please refer to the [http://en.wikipedia.org/wiki/Indonesian_Criminal_Procedure#Appendix appendix] for more information about the structure of Indonesia's Public Prosecution Service.
If the public prosecutor decides to cease prosecution, he must produce a written decision to be sent to suspect, investigator, and the judge.<ref>{{harvp|KUHAP|1981|loc=Art 140(2)}}</ref> Please refer to the [[Indonesian Criminal Procedure#Appendix|appendix]] for more information about the structure of Indonesia's Public Prosecution Service.


=== 5. Pre-Trial Proceedings ===
=== Pre-trial proceedings ===


Pre-trial proceedings are limited to examining whether the arrest and/or detention was legal and to decide whether the district court has the jurisdiction to try the case.
Pre-trial proceedings are limited to examining whether the arrest and/or detention was legal and to decide whether the district court has the jurisdiction to try the case.


=== 6. Trial Procedures ===
=== Trial procedures ===


At the outset of trial, the prosecutor will read out the Bill of Indictment. The judge will then summon the accused and witnesses to give their [[testimony|testimonies]], which will then be examined. The head judge will lead the examination at trial. The prosecutor and the legal counsel may question the witnesses through the head judge.<ref>''Ibid'' Art 164(2)</ref>
At the outset of trial, the prosecutor will read out the Bill of Indictment. The judge will then summon the accused and witnesses to give their [[testimony|testimonies]], which will then be examined. The head judge will lead the examination at trial. The prosecutor and the legal counsel may question the witnesses through the head judge.<ref>{{harvp|KUHAP|1981|loc=Art 164(2)}}</ref>
If an accused refuses to answer a question, the head judge will suggest that he answer and thereafter continue the examination.<ref>''Ibid'' Art 175</ref>
If an accused refuses to answer a question, the head judge will suggest that he answer and thereafter continue the examination.<ref>{{harvp|KUHAP|1981|loc=Art 175}}</ref>
After examination, the prosecutor will submit his charges before the accused submits his defence. The prosecutor may reply to the defences put up, provided that the accused has a right to reply.<ref>''Ibid'' Art 182(1)(b)</ref> The head judge will then consult other judges on the bench before he reaches a decision.
After examination, the prosecutor will submit his charges before the accused submits his defence. The prosecutor may reply to the defences put up, provided that the accused has a right to reply.<ref>{{harvp|KUHAP|1981|loc=Art 182(1)(b)}}</ref> The head judge will then consult other judges on the bench before he reaches a decision.


=== 7. Judgment ===
=== Judgment ===

The court will acquit the accused if guilt has not been legally and convincingly proven or dismiss all charges if the acts do not constitute an offence.<ref>''Ibid'' Art 191(1) and 191(2)</ref>
The court will acquit the accused if guilt has not been legally and convincingly proven or dismiss all charges if the acts do not constitute an offence.<ref>{{harvp|KUHAP|1981|loc=Art 191(1) and 191(2)}}</ref>
If the court concludes that the accused is guilty of committing the offence, it will impose a punishment.<ref>''Ibid'' Art 193(1)</ref> The public prosecutor will then execute the [[judgment]].<ref>''Ibid'' Art 13</ref>
If the court concludes that the accused is guilty of committing the offence, it will impose a punishment.<ref>{{harvp|KUHAP|1981|loc=Art 193(1)}}</ref> The public prosecutor will then execute the [[judgment]].<ref>{{harvp|KUHAP|1981|loc=Art 13}}</ref>


== The Appeal Process ==
== The appeal process ==

=== Ordinary Legal Remedies ===
=== Ordinary legal remedies ===
[[File:Appeals procedure.jpg|thumb|The Appeal Process|400px]]
[[File:Appeals procedure.jpg|thumb|The Appeal Process|400px]]
Once a decision has been reached and read by the judge in a General Court of first instance, the aggrieved party may file an [[appeal]] to the relevant court of appeal within seven days.<ref>''Ibid'' Art 233(2)</ref>
Once a decision has been reached and read by the judge in a General Court of first instance, the aggrieved party may file an [[appeal]] to the relevant court of appeal within seven days.<ref>{{harvp|KUHAP|1981|loc=Art 233(2)}}</ref>


No appeal can be filed against a:<ref>''Ibid'' Art 67</ref>
No appeal can be filed against a:<ref>{{harvp|KUHAP|1981|loc=Art 67}}</ref>
# Judgment of [[acquittal]] that relates to an inappropriate application of law; or
# Judgment of [[acquittal]] that relates to an inappropriate application of law; or
# Judgment of dismissal of all charges that relates to an inappropriate application of law; or
# Judgment of dismissal of all charges that relates to an inappropriate application of law; or
# Judgment under express procedure.<ref>''Ibid'' Art 204</ref><ref>''Ibid'' Art 205</ref> A judgment is made under express procedure when only one judge adjudicates the case because it is clear and minor.
# Judgment under express procedure.<ref>{{harvp|KUHAP|1981|loc=Art 204 & 205}}</ref> A judgment is made under express procedure when only one judge adjudicates the case because it is clear and minor.


There are three grounds for appealing to the High Court:<ref>''Ibid'' Art 240</ref>
There are three grounds for appealing to the High Court:<ref>{{harvp|KUHAP|1981|loc=Art 240}}</ref>


# Where a [[procedural law|law of procedure]] has been negligently applied;
# Where a [[procedural law|law of procedure]] has been negligently applied;
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# Where something is incomplete in the examination at first instance.
# Where something is incomplete in the examination at first instance.


After the High Court passes a judgment on an appeal, the aggrieved party can appeal to the Supreme Court as a matter of cassation.<ref>''Ibid'' Art 244</ref>
After the High Court passes a judgment on an appeal, the aggrieved party can appeal to the Supreme Court as a matter of cassation.<ref>{{harvp|KUHAP|1981|loc=Art 244}}</ref>


There are three grounds for appealing to the Supreme Court:<ref>''Ibid'' Art 253</ref>
There are three grounds for appealing to the Supreme Court:<ref>{{harvp|KUHAP|1981|loc=Art 253}}</ref>


# Where a legal rule has not been applied or has been applied in an improper manner;
# Where a legal rule has not been applied or has been applied in an improper manner;
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# Where the court has exceeded the limits of its competence.
# Where the court has exceeded the limits of its competence.


=== Extraordinary Legal Remedies ===
=== Extraordinary legal remedies ===


Judgments are final and binding at the last appellate level. However a convicted person or his family may seek a final extraordinary remedy by submitting a request to the Supreme Court for reconsideration of the judgment, except when it is a judgment of acquittal or the dismissal of charges.<ref>''Ibid'' Art 263</ref> Such a request is not time-barred<ref>''Ibid'' Art 264(3)</ref> and may only be made once.<ref>''Ibid'' Art 268(3)</ref>
Judgments are final and binding at the last appellate level. However a convicted person or his family may seek a final extraordinary remedy by submitting a request to the Supreme Court for reconsideration of the judgment, except when it is a judgment of acquittal or the dismissal of charges.<ref>{{harvp|KUHAP|1981|loc=Art 263}}</ref> Such a request is not time-barred<ref>{{harvp|KUHAP|1981|loc=Art 264(3)}}</ref> and may only be made once.<ref>{{harvp|KUHAP|1981|loc=Art 268(3)}}</ref>


A request for reconsideration of a judgment may be made when:<ref>''Ibid'' Art 262</ref>
A request for reconsideration of a judgment may be made when:<ref>{{harvp|KUHAP|1981|loc=Art 262}}</ref>


# New circumstances give rise to a strong presumption that had such circumstances been known during the trial, there would have been an acquittal or dismissal of all charges, or the charges of the public prosecutor would not have been acceptable, or that a less severe criminal provisions would have applied to the case.
# New circumstances give rise to a strong presumption that had such circumstances been known during the trial, there would have been an acquittal or dismissal of all charges, or the charges of the public prosecutor would not have been acceptable, or that a less severe criminal provisions would have applied to the case.
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# An alleged act which has been declared proven in the judgment, but has not been followed up by the imposition of a penalty.
# An alleged act which has been declared proven in the judgment, but has not been followed up by the imposition of a penalty.


== Role of the Judge ==
== Role of the judge ==
[[File:IndonesianSupremeCourt.jpg|Indonesia Supreme Court|thumb|left|240px]]
[[File:Gedung Mahkamah Agung RI.JPG|Indonesia Supreme Court|thumb|left|240px]]
The role of judges in the Indonesian criminal justice system is to impose a proper punishment on offenders based on a sufficient means of legal proof. Judges are generally only involved in the trial proceedings.
The role of judges in the Indonesian criminal justice system is to impose a proper punishment on offenders based on a sufficient means of legal proof. Judges are generally only involved in the trial proceedings.
When a judge receives a Bill of Indictment from the Public Prosecutor, he will determine a trial date and order the latter to summon the accused and witnesses to attend the trial.<ref>''Ibid'' Art 152</ref>
When a judge receives a Bill of Indictment from the Public Prosecutor, he will determine a trial date and order the latter to summon the accused and witnesses to attend the trial.<ref>{{harvp|KUHAP|1981|loc=Art 152}}</ref>
During the trial proceedings, the judge is obliged to ensure that the defendant or witness remains free to answer the questions posed. If the judge fails to do so, his decision will be annulled.<ref>''Ibid'' Art 153</ref>
During the trial proceedings, the judge is obliged to ensure that the defendant or witness remains free to answer the questions posed. If the judge fails to do so, his decision will be annulled.<ref>{{harvp|KUHAP|1981|loc=Art 153}}</ref>
At the end of the trial proceedings, the judge can only convict a person if he has at least two pieces of legal evidence supporting the conviction.<ref>''Ibid'' Art 183</ref> Based on the evidence presented, the judge can punish, acquit or dismiss the charges against the accused.
At the end of the trial proceedings, the judge can only convict a person if he has at least two pieces of legal evidence supporting the conviction.<ref name="Art183">{{harvp|KUHAP|1981|loc=Art 183}}</ref> Based on the evidence presented, the judge can punish, acquit or dismiss the charges against the accused.
If the accused is convicted and he is sentenced to a punishment that deprives him of his [[liberty]], the judge will assist the head judge to supervise the execution of the punishment.<ref>''Ibid'' Art 280</ref>
If the accused is convicted and he is sentenced to a punishment that deprives him of his [[liberty]], the judge will assist the head judge to supervise the execution of the punishment.<ref>{{harvp|KUHAP|1981|loc=Art 280}}</ref>


== Role of the Prosecutors ==
== Role of the prosecutors ==

The Public Prosecution Service of Indonesia is the only agency that has state powers to prosecute offenders. As such, there is no private prosecution in the Indonesian criminal justice system.
The Public Prosecution Service of Indonesia is the only agency that has state powers to prosecute offenders. As such, there is no private prosecution in the Indonesian criminal justice system.


Prosecutors are involved in the whole trial process, from the investigations, to trial proceedings and the execution of punishment. At the investigation stage, the prosecutor supervises the police’s investigations. The prosecutor only personally investigates cases when there are special crimes, such as [[corruption]].<ref>''Ibid'' Art 284</ref> Once the police complete investigations, they hand the [[evidence]] to the prosecutor.<ref>''Ibid'' Art 110</ref> If the evidence is satisfactory,<ref>''Ibid'' Art 139</ref> the prosecutor will prosecute the offender at an appropriate court.<ref>''Ibid'' Art 143</ref> He will prepare a Bill of Indictment for the judge<ref>''Ibid'' Art 140</ref> to begin the trial proceedings.
Prosecutors are involved in the whole trial process, from the investigations, to trial proceedings and the execution of punishment. At the investigation stage, the prosecutor supervises the police's investigations. The prosecutor only personally investigates cases when there are special crimes, such as [[corruption]].<ref>{{harvp|KUHAP|1981|loc=Art 284}}</ref> Once the police complete investigations, they hand the [[evidence]] to the prosecutor.<ref name="Art110"/> If the evidence is satisfactory,<ref>{{harvp|KUHAP|1981|loc=Art 139}}</ref> the prosecutor will prosecute the offender at an appropriate court.<ref>{{harvp|KUHAP|1981|loc=Art 143}}</ref> He will prepare a Bill of Indictment for the judge<ref>{{harvp|KUHAP|1981|loc=Art 140}}</ref> to begin the trial proceedings.
During the trial proceedings, the prosecutor must ensure that the defendant, witnesses and experts are all present. The prosecutor must also present all evidence concerning the crime.<ref>"http://www.unafei.or.jp/english/pdf/RS_No53/No53_22PA_Zaimaru.pdf" (accessed 15 September 2011)</ref> In practice, the prosecutor usually presents three or more pieces of legal evidence to support the defendant’s guilt.
During the trial proceedings, the prosecutor must ensure that the defendant, witnesses and experts are all present. The prosecutor must also present all evidence concerning the crime.<ref>"http://www.unafei.or.jp/english/pdf/RS_No53/No53_22PA_Zaimaru.pdf{{Dead link|date=September 2024 |bot=InternetArchiveBot |fix-attempted=yes }}" (accessed 15 September 2011)</ref> In practice, the prosecutor usually presents three or more pieces of legal evidence to support the defendant's guilt.
After the judge has passed judgment on the case, the judge’s clerk will send a copy of the execution of punishment to the prosecutor. The prosecutor will then execute the punishment.<ref>''Supra'' n7 Art 270</ref>
After the judge has passed judgment on the case, the judge's clerk will send a copy of the execution of punishment to the prosecutor. The prosecutor will then execute the punishment.<ref>{{harvp|KUHAP|1981|loc=Art 270}}</ref>

⚫
== Legal protections for the accused ==


⚫
== Legal Protections for the Accused ==
=== Rights to counsel ===
=== Rights to counsel ===
[[File:Indonesian legal aid foundation.jpg|thumb|The Indonesian Legal Aid Foundation was set up to provide legal assistance for the poor, victims of forced eviction, marginalized communities, victims of partial dismissal and victims of human rights violations|1200x600px]]
A suspect has a right to obtain legal assistance from one or more legal [[counsel]]s at every stage of the examination.<ref>''Ibid'' Art 52</ref> At the start of the investigations, the police will inform the suspect of his right to receive legal assistance during examination at trial.<ref>''Ibid'' Art 114</ref>


If the suspect does not have legal assistance, he will receive free [[legal aid]] if he faces the [[capital punishment|death penalty]], or imprisonment of fifteen years or more. The suspect will also receive free legal aid if he is destitute and faces imprisonment of five year or more.<ref>''Ibid'' Art 56(1)</ref>
A suspect has a right to obtain legal assistance from one or more legal [[counsel]]s at every stage of the examination.<ref>{{harvp|KUHAP|1981|loc=Art 52}}</ref> At the start of the investigations, the police will inform the suspect of his right to receive legal assistance during examination at trial.<ref>{{harvp|KUHAP|1981|loc=Art 114}}</ref>

If the suspect does not have legal assistance, he will receive free [[legal aid]] if he faces the [[Capital punishment in Indonesia|death penalty]], or imprisonment of fifteen years or more. The suspect will also receive free legal aid if he is destitute and faces imprisonment of five year or more.<ref>{{harvp|KUHAP|1981|loc=Art 56(1)}}</ref>


Once the suspect obtains legal assistance, the counsel has a right to contact him from the moment he is arrested or detained. The counsel also has a right to be present at, and listen to, [[interrogation]]s. This ensures that the police do not carry out unfair interrogation techniques.
Once the suspect obtains legal assistance, the counsel has a right to contact him from the moment he is arrested or detained. The counsel also has a right to be present at, and listen to, [[interrogation]]s. This ensures that the police do not carry out unfair interrogation techniques.
Line 152: Line 150:
=== Rules of evidence ===
=== Rules of evidence ===


The court only admits five types of legal evidence. They are:<ref>''Ibid'' Art 184</ref>
The court only admits five types of legal evidence. They are:<ref>{{harvp|KUHAP|1981|loc=Art 184}}</ref>
# The testimony of a witness
# The testimony of a witness
# The testimony of an expert
# The testimony of an expert
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# The testimony of the accused
# The testimony of the accused


In terms of the witness' testimony as a means of legal proof, the judge will compare a witness’ testimony against other witness testimonies or other means of proof to determine whether the testimony is true. In the process, he also considers all other factors that affect the witness’ credibility.<ref>''Ibid'' Art 185(6)</ref> A witness usually makes a testimony under [[oath]]. However, a testimony not made under oath can still be admitted as supplemental legal evidence if it is consistent with a testimony made under oath.<ref>''Ibid'' Art 185(5)</ref>
In terms of the witness' testimony as a means of legal proof, the judge will compare a witness’ testimony against other witness testimonies or other means of proof to determine whether the testimony is true. In the process, he also considers all other factors that affect the witness’ credibility.<ref>{{harvp|KUHAP|1981|loc=Art 185(6)}}</ref> A witness usually makes a testimony under [[oath]]. However, a testimony not made under oath can still be admitted as supplemental legal evidence if it is consistent with a testimony made under oath.<ref>{{harvp|KUHAP|1981|loc=Art 185(5)}}</ref>


As for an indication as a means of legal proof, an indication is an act, event, or situation that is consistent with other facts.<ref>''Ibid'' Art 188(1)</ref> It can only be obtained from the testimony of a witness or accused, or from a document.
As for an indication as a means of legal proof, an indication is an act, event, or situation that is consistent with other facts.<ref>{{harvp|KUHAP|1981|loc=Art 188(1)}}</ref> It can only be obtained from the testimony of a witness or accused, or from a document.


To convict an accused, a judge must have at least two means of legal proof to support the charge.<ref>''Ibid'' Art 183</ref> This ensures that a suspect cannot be convicted merely because he confessed his guilt.
To convict an accused, a judge must have at least two means of legal proof to support the charge.<ref name="Art183"/> This ensures that a suspect cannot be convicted merely because he confessed his guilt.


== Current Controversies and Debates ==
== Current controversies and debates ==
[[File:Bali nine suspect.jpg|thumb|An example of a transnational crime: the arrest of a Bali Nine accused|300px]]


=== Problems concerning evidence ===
=== Problems concerning evidence ===


⚫
Indonesian courts only acc have a clear provision on the admissibility of illegally obtained evidence. Hence, the prosecution can present evidence that was obtained through torture, ill-treatment, or contrary to any provision in the KUHAP. Furthermore, there is no judicial avenue for an accused to seek redress if illegal evidence were presented at trial. This undermines the legal safeguards in the KUHAP.<ref>{{harvp|Strang|2008|p=189}}</ref>
Indonesian courts only accept five types of legal evidence. This restricts the types of evidence prosecutors and defense [[lawyer|attorney]]s can present at trial. For example, a defence attorney cannot present electronic and physical evidence even though they may be strong proof of the accused's [[innocence]].<ref>''Supra'' n3 at 201</ref>

Furthermore, the KUHAP does not have specific provisions on evidence gathered abroad. This creates uncertainties when a transnational crime is tried.<ref>''Supra'' n3 at 220</ref>

⚫
Finally, the KUHAP does not have a clear provision on the admissibility of illegally obtained evidence. Hence, the prosecution can present evidence that was obtained through torture, ill-treatment, or contrary to any provision in the KUHAP. Furthermore, there is no judicial avenue for an accused to seek redress if illegal evidence were presented at trial. This undermines the legal safeguards in the KUHAP.<ref>''Supra'' n3 at 189</ref>


=== Restricted rights to counsel ===
=== Restricted rights to counsel ===


Counsel has a right to contact his client “at every moment.” However, this right is undermined because a 1983 Ministry of Justice regulation interprets the phrase to mean that the client has a right to communicate with his counsel ‘at every moment during office hours’. Based on this, police stations mysteriously close when lawyers visit their clients. This prevents the counsel from communicating with his client, undermining the suspect’s right to counsel.<ref>Tim Lindsey, ''Indonesia, Law and Society'' (Federation Press, 2nd Ed, 2008) at p148</ref>
Counsel has a right to contact his client “at every moment.” However, this right is undermined because a 1983 Ministry of Justice regulation interprets the phrase to mean that the client has a right to communicate with his counsel ‘at every moment during office hours’. Based on this, police stations mysteriously close when lawyers visit their clients. This prevents the counsel from communicating with his client, undermining the suspect's right to counsel.<ref>{{harvp|Lindsey|2008|p=148}}</ref>


=== Abuse of detention powers ===
=== Abuse of detention powers ===


The police can abuse its powers to detain a suspect by using threats of detention to pressure a suspect to confess that he is guilty. In addition, the KUHAP does not ensure that detainees are brought to court promptly. Under the KUHAP, a suspect can be detained for up to 60 days without judicial intervention. For example, if the police detains a suspect for 20 days under Art24(1), a prosecutor can extend this detention for another 40 days under Art24(2).<ref>''Supra'' n55 at 190</ref> Please refer to the [http://en.wikipedia.org/wiki/Indonesian_Criminal_Procedure#Appendix appendix] for more information about how long a suspect can be detained without judicial intervention.
The police can abuse its powers to detain a suspect by using threats of detention to pressure a suspect to confess that he is guilty. In addition, the KUHAP does not ensure that detainees are brought to court promptly. Under the KUHAP, a suspect can be detained for up to 60 days without judicial intervention. For example, if the police detains a suspect for 20 days under Art24(1), a prosecutor can extend this detention for another 40 days under Art 24(2).<ref>{{harvp|Lindsey|2008|p=190}}</ref> Please refer to the [[Indonesian Criminal Procedure#Appendix|appendix]] for more information about how long a suspect can be detained without judicial intervention.


=== Fictional right to silence ===
=== Fictional right to silence ===


Finally, it is unclear whether an accused has a right to remain silent during examination. Although an accused “shall not be burdened with the duty of giving evidence”,<ref>''Ibid'' Art 66</ref> Art 175 seems to undermine this right. Under Art 175, the head judge can suggest that the accused answers the question. The examination will continue after the head judge makes this suggestion. However, since there is a high respect for authority in Indonesia, the head judge's “suggestion” will probably persuade the accused to answer the question. This undermines the right to remain silent during examination.<ref>''Supra'' n55 at 192</ref>
Finally, it is unclear whether an accused has a right to remain silent during examination. Although an accused “shall not be burdened with the duty of giving evidence”,<ref>{{harvp|KUHAP|1981|loc=Art 66}}</ref> Art 175 seems to undermine this right. Under Art 175, the head judge can suggest that the accused answers the question. The examination will continue after the head judge makes this suggestion. However, since there is a high respect for authority in Indonesia, the head judge's “suggestion” will probably persuade the accused to answer the question. This undermines the right to remain silent during examination.<ref>{{harvp|Lindsey|2008|p=192}}</ref>

== Appendix ==

[[File:Detention Period .png|thumb|Maximum Detention Period|1500px|centre]]

[[File:Organisational structure of the Public Prosecution Service.png|thumb|Organisational Structure of the Public Prosecution Service|2000px|centre]]


== See also ==
== See also ==
*[[Indonesian Criminal Code]]

*[[Law of Indonesia]]
*[[Law of Indonesia]]
*[[Constitution of Indonesia]]
*[[Constitution of Indonesia]]
Line 202: Line 189:


== References ==
== References ==
{{reflist|21em}}


===Bibliography===
<references/>
{{refbegin}}
*{{cite book |editor-last=Lindsey |editor-first=Tim |year=2008 |title=Indonesia, Law and Society |publisher=Federation Press |edition=2nd |isbn=9781862876606 }}
*{{cite journal |last=Strang |first=Robert |year=2008 |title="More Adversarial, but not Completely Adversarial": Reformasi of the Indonesian Criminal Procedure Code |journal=[[Fordham International Law Journal]] |volume=32 |issue=1 |pages=188–231 |url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2191&context=ilj }}
*{{cite book |trans-title=Indonesian Criminal Procedure Code |title=Kitab Undang-Undang Hukum Acara Pidana |year=1981 |url=http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf |ref=CITEREFKUHAP1981}}
{{refend}}


== External links ==
== External links ==
*[http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf Indonesia Criminal Procedure Code]
*[http://en.hukumonline.com/ Legal Updates in Indonesia]
*[http://en.hukumonline.com/ Legal Updates in Indonesia]
*[http://www.mahkamahagung.go.id/ Supreme Court of the Republic of Indonesia]
*[http://www.mahkamahagung.go.id/ Supreme Court of the Republic of Indonesia] {{Webarchive|url=https://web.archive.org/web/20070110131053/http://www.mahkamahagung.go.id/ |date=2007-01-10 }}
*[http://defensewiki.ibj.org/images/b/b0/Indonesia_Penal_Code.pdf Indonesia Penal Code]
*[http://defensewiki.ibj.org/images/b/b0/Indonesia_Penal_Code.pdf Indonesia Penal Code]
*[http://www.unafei.or.jp/english/pdf/RS_No76/No76_14RC_Group3.pdf A comparison of the Trial and Sentencing Process]
*[http://www.unafei.or.jp/english/pdf/RS_No76/No76_14RC_Group3.pdf A comparison of the Trial and Sentencing Process]{{Dead link|date=September 2024 |bot=InternetArchiveBot |fix-attempted=yes }}
*[http://www.mongabay.com/history/indonesia/indonesia-criminal_law.html Indonesia Criminal Law]
*[http://www.mongabay.com/history/indonesia/indonesia-criminal_law.html Indonesia Criminal Law]
*[http://www.aseanlawassociation.org/papers/JudicialSystem.pdf The Judicial System in Indonesia]
*[http://www.aseanlawassociation.org/papers/JudicialSystem.pdf The Judicial System in Indonesia] {{Webarchive|url=https://web.archive.org/web/20120215203033/http://www.aseanlawassociation.org/papers/JudicialSystem.pdf |date=2012-02-15 }}
*[http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2191&context=ilj&sei-redir=1#search=%22criminal%20procedure%20indonesia%22 Proposed Reforms of the Indonesia Criminal Procedure Code]
*[http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2191&context=ilj&sei-redir=1#search=%22criminal%20procedure%20indonesia%22 Proposed Reforms of the Indonesia Criminal Procedure Code]
*[http://www.unhcr.org/refworld/country,,AMNESTY,COUNTRYREP,IDN,4562d8cf2,4517a1fa4,0.html Comments on the Draft Revised Criminal Procedure Code]
*[http://www.unhcr.org/refworld/country,,AMNESTY,COUNTRYREP,IDN,4562d8cf2,4517a1fa4,0.html Comments on the Draft Revised Criminal Procedure Code]
'''




[[Category:Crime in Indonesia]]
[[Category:Crime in Indonesia]]

Latest revision as of 19:18, 22 October 2024

  
Criminal Procedure in Indonesia
Criminal Procedure Code
Kitab Undang-Undang Hukum Acara Pidana (KUHAP)
Number 8 of 1981
Relevant Provisions
Chapter V - Arrest, Detention, Search of the Person, House Entry, Seizure and Examination of Documents
Chapter VI - The Suspect and The Accused
Chapter XVI - Examination at Trial
Chapter XVII - Ordinary Legal Remedies
Chapter XVIII - Extraordinary Legal Remedies
Chapter XIV - Investigation
Chapter XIX - The Execution of Judgements
Courts of Indonesia
General Courts of Justice
Religious Courts
Military Courts
Administrative Courts
Human Rights Courts
Number of Cases Received in 1997 by State

Indonesia is a civil law country with five major codes. Its criminal procedure code, the Kitab Undang-Undang Hukum Acara Pidana ("KUHAP"), determines the procedures and rights of individuals at different stages of the trial process.

History of Indonesia's criminal procedure

[edit]

Colonial times

[edit]

Before 1910, “Hukum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a civil law system that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two statutes to govern different parts of Indonesia. The Herziene Inlandsch/Indonesisch Reglement ("HIR")[1] applied to Jawa and Madura, while the Rechtsreglement Buitengewesten ("Rbg") applied to the rest of Indonesia. The Adat laws applied to the natives only if it did not clash with the Dutch statutory provisions.[2]

Japanese occupation

[edit]

When the Japanese occupied Indonesia in March 1942, they applied their Japanese Martial Law. This superseded all existing laws in Indonesia at that time.

Present

[edit]

Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law.[3][4]

After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding adversarial features to the criminal procedure. However, the KUHAP does not sufficiently protect human rights and its safeguards are often ignored in practice because there are no penalties for failing to comply with the Act.[4] In response to dissatisfaction with the formal procedures in the Act, a working group drafted a new statue to replace the KUHAP in 2000. However, Indonesia has not adopted the working group's recommendations to date.[4]

Steps involved in an ordinary criminal trial

[edit]
Criminal Trial Process in Indonesia

Arrest

[edit]

The police must produce a warrant upon arrest if the suspect is not "caught in the act".[5] They must also send a copy of such warrant to the suspect's family.[6]

Detention

[edit]

Suspects must be released within one day of arrest[7] unless the investigator, prosecutor, or judge orders a detention. Detention is limited to offences liable to imprisonment of 5 years or more, and crimes under Art 21(4)(b).[8] Suspects may be detained for a maximum of 60 days without judicial consent.

Investigation

[edit]

Investigators must inform the public prosecutor before they begin their investigations.[9] If the investigation is terminated due to insufficient evidence or if the event does not constitute an offence, investigators must inform the prosecutor and suspect.[10]

During investigation, investigators have the authority to summon witnesses for examination.

When the investigation is completed, investigators must promptly submit the dossier of the case to the public prosecutor. If the public prosecutor believes that the investigation is incomplete, he will return the dossier and order for a supplementary investigation.[11] The dossier is then resubmitted.

Prosecution

[edit]

After examining the dossier of the case, the public prosecutor will determine if the case meets the requirements to be brought to court. If he decides to prosecute, he must prepare a Bill of Indictment and bring the action before an appropriate district court.[12] Summonses will then be issued to the suspect and witnesses, if any, to attend trial.

If the public prosecutor decides to cease prosecution, he must produce a written decision to be sent to suspect, investigator, and the judge.[13] Please refer to the appendix for more information about the structure of Indonesia's Public Prosecution Service.

Pre-trial proceedings

[edit]

Pre-trial proceedings are limited to examining whether the arrest and/or detention was legal and to decide whether the district court has the jurisdiction to try the case.

Trial procedures

[edit]

At the outset of trial, the prosecutor will read out the Bill of Indictment. The judge will then summon the accused and witnesses to give their testimonies, which will then be examined. The head judge will lead the examination at trial. The prosecutor and the legal counsel may question the witnesses through the head judge.[14]

If an accused refuses to answer a question, the head judge will suggest that he answer and thereafter continue the examination.[15]

After examination, the prosecutor will submit his charges before the accused submits his defence. The prosecutor may reply to the defences put up, provided that the accused has a right to reply.[16] The head judge will then consult other judges on the bench before he reaches a decision.

Judgment

[edit]

The court will acquit the accused if guilt has not been legally and convincingly proven or dismiss all charges if the acts do not constitute an offence.[17]

If the court concludes that the accused is guilty of committing the offence, it will impose a punishment.[18] The public prosecutor will then execute the judgment.[19]

The appeal process

[edit]
[edit]
The Appeal Process

Once a decision has been reached and read by the judge in a General Court of first instance, the aggrieved party may file an appeal to the relevant court of appeal within seven days.[20]

No appeal can be filed against a:[21]

  1. Judgment of acquittal that relates to an inappropriate application of law; or
  2. Judgment of dismissal of all charges that relates to an inappropriate application of law; or
  3. Judgment under express procedure.[22] A judgment is made under express procedure when only one judge adjudicates the case because it is clear and minor.

There are three grounds for appealing to the High Court:[23]

  1. Where a law of procedure has been negligently applied;
  2. Where a mistake is found in the examination at first instance;
  3. Where something is incomplete in the examination at first instance.

After the High Court passes a judgment on an appeal, the aggrieved party can appeal to the Supreme Court as a matter of cassation.[24]

There are three grounds for appealing to the Supreme Court:[25]

  1. Where a legal rule has not been applied or has been applied in an improper manner;
  2. Where the method of adjudication was not concluded according to the provisions of law;
  3. Where the court has exceeded the limits of its competence.
[edit]

Judgments are final and binding at the last appellate level. However a convicted person or his family may seek a final extraordinary remedy by submitting a request to the Supreme Court for reconsideration of the judgment, except when it is a judgment of acquittal or the dismissal of charges.[26] Such a request is not time-barred[27] and may only be made once.[28]

A request for reconsideration of a judgment may be made when:[29]

  1. New circumstances give rise to a strong presumption that had such circumstances been known during the trial, there would have been an acquittal or dismissal of all charges, or the charges of the public prosecutor would not have been acceptable, or that a less severe criminal provisions would have applied to the case.
  2. Matters or circumstances that form the basis and reasoning of the judgment are declared contradictory.
  3. A judgment clearly displays a mistake made by the judge or a manifest error.
  4. An alleged act which has been declared proven in the judgment, but has not been followed up by the imposition of a penalty.

Role of the judge

[edit]
Indonesia Supreme Court

The role of judges in the Indonesian criminal justice system is to impose a proper punishment on offenders based on a sufficient means of legal proof. Judges are generally only involved in the trial proceedings.

When a judge receives a Bill of Indictment from the Public Prosecutor, he will determine a trial date and order the latter to summon the accused and witnesses to attend the trial.[30]

During the trial proceedings, the judge is obliged to ensure that the defendant or witness remains free to answer the questions posed. If the judge fails to do so, his decision will be annulled.[31]

At the end of the trial proceedings, the judge can only convict a person if he has at least two pieces of legal evidence supporting the conviction.[32] Based on the evidence presented, the judge can punish, acquit or dismiss the charges against the accused.

If the accused is convicted and he is sentenced to a punishment that deprives him of his liberty, the judge will assist the head judge to supervise the execution of the punishment.[33]

Role of the prosecutors

[edit]

The Public Prosecution Service of Indonesia is the only agency that has state powers to prosecute offenders. As such, there is no private prosecution in the Indonesian criminal justice system.

Prosecutors are involved in the whole trial process, from the investigations, to trial proceedings and the execution of punishment. At the investigation stage, the prosecutor supervises the police's investigations. The prosecutor only personally investigates cases when there are special crimes, such as corruption.[34] Once the police complete investigations, they hand the evidence to the prosecutor.[11] If the evidence is satisfactory,[35] the prosecutor will prosecute the offender at an appropriate court.[36] He will prepare a Bill of Indictment for the judge[37] to begin the trial proceedings.

During the trial proceedings, the prosecutor must ensure that the defendant, witnesses and experts are all present. The prosecutor must also present all evidence concerning the crime.[38] In practice, the prosecutor usually presents three or more pieces of legal evidence to support the defendant's guilt.

After the judge has passed judgment on the case, the judge's clerk will send a copy of the execution of punishment to the prosecutor. The prosecutor will then execute the punishment.[39]

[edit]

Rights to counsel

[edit]

A suspect has a right to obtain legal assistance from one or more legal counsels at every stage of the examination.[40] At the start of the investigations, the police will inform the suspect of his right to receive legal assistance during examination at trial.[41]

If the suspect does not have legal assistance, he will receive free legal aid if he faces the death penalty, or imprisonment of fifteen years or more. The suspect will also receive free legal aid if he is destitute and faces imprisonment of five year or more.[42]

Once the suspect obtains legal assistance, the counsel has a right to contact him from the moment he is arrested or detained. The counsel also has a right to be present at, and listen to, interrogations. This ensures that the police do not carry out unfair interrogation techniques.

Rules of evidence

[edit]

The court only admits five types of legal evidence. They are:[43]

  1. The testimony of a witness
  2. The testimony of an expert
  3. A document
  4. An indication
  5. The testimony of the accused

In terms of the witness' testimony as a means of legal proof, the judge will compare a witness’ testimony against other witness testimonies or other means of proof to determine whether the testimony is true. In the process, he also considers all other factors that affect the witness’ credibility.[44] A witness usually makes a testimony under oath. However, a testimony not made under oath can still be admitted as supplemental legal evidence if it is consistent with a testimony made under oath.[45]

As for an indication as a means of legal proof, an indication is an act, event, or situation that is consistent with other facts.[46] It can only be obtained from the testimony of a witness or accused, or from a document.

To convict an accused, a judge must have at least two means of legal proof to support the charge.[32] This ensures that a suspect cannot be convicted merely because he confessed his guilt.

Current controversies and debates

[edit]

Problems concerning evidence

[edit]

Indonesian courts only acc have a clear provision on the admissibility of illegally obtained evidence. Hence, the prosecution can present evidence that was obtained through torture, ill-treatment, or contrary to any provision in the KUHAP. Furthermore, there is no judicial avenue for an accused to seek redress if illegal evidence were presented at trial. This undermines the legal safeguards in the KUHAP.[47]

Restricted rights to counsel

[edit]

Counsel has a right to contact his client “at every moment.” However, this right is undermined because a 1983 Ministry of Justice regulation interprets the phrase to mean that the client has a right to communicate with his counsel ‘at every moment during office hours’. Based on this, police stations mysteriously close when lawyers visit their clients. This prevents the counsel from communicating with his client, undermining the suspect's right to counsel.[48]

Abuse of detention powers

[edit]

The police can abuse its powers to detain a suspect by using threats of detention to pressure a suspect to confess that he is guilty. In addition, the KUHAP does not ensure that detainees are brought to court promptly. Under the KUHAP, a suspect can be detained for up to 60 days without judicial intervention. For example, if the police detains a suspect for 20 days under Art24(1), a prosecutor can extend this detention for another 40 days under Art 24(2).[49] Please refer to the appendix for more information about how long a suspect can be detained without judicial intervention.

Fictional right to silence

[edit]

Finally, it is unclear whether an accused has a right to remain silent during examination. Although an accused “shall not be burdened with the duty of giving evidence”,[50] Art 175 seems to undermine this right. Under Art 175, the head judge can suggest that the accused answers the question. The examination will continue after the head judge makes this suggestion. However, since there is a high respect for authority in Indonesia, the head judge's “suggestion” will probably persuade the accused to answer the question. This undermines the right to remain silent during examination.[51]

See also

[edit]

References

[edit]
  1. ^ http://www.ladvolaw.com/indonesian-overview.html Archived 2012-01-21 at the Wayback Machine (accessed 15 September 2011)
  2. ^ IDE Asian Law Series No. 8, Achmad Ali, Law and Development in Changing Indonesia
  3. ^ Strang (2008), p. 195
  4. ^ a b c http://www.lu.se/images/Syd_och_sydostasienstudier/working_papers/mason.pdf Archived 2012-03-31 at the Wayback Machine at p4 (accessed 14 September 2011)
  5. ^ KUHAP (1981), Art 18(1)
  6. ^ KUHAP (1981), Art 18(3)
  7. ^ KUHAP (1981), Art 19(1)
  8. ^ KUHAP (1981), Art 21(4)
  9. ^ KUHAP (1981), Art 109(1)
  10. ^ KUHAP (1981), Art 109(2)
  11. ^ a b KUHAP (1981), Art 110
  12. ^ KUHAP (1981), Art 140(1)
  13. ^ KUHAP (1981), Art 140(2)
  14. ^ KUHAP (1981), Art 164(2)
  15. ^ KUHAP (1981), Art 175
  16. ^ KUHAP (1981), Art 182(1)(b)
  17. ^ KUHAP (1981), Art 191(1) and 191(2)
  18. ^ KUHAP (1981), Art 193(1)
  19. ^ KUHAP (1981), Art 13
  20. ^ KUHAP (1981), Art 233(2)
  21. ^ KUHAP (1981), Art 67
  22. ^ KUHAP (1981), Art 204 & 205
  23. ^ KUHAP (1981), Art 240
  24. ^ KUHAP (1981), Art 244
  25. ^ KUHAP (1981), Art 253
  26. ^ KUHAP (1981), Art 263
  27. ^ KUHAP (1981), Art 264(3)
  28. ^ KUHAP (1981), Art 268(3)
  29. ^ KUHAP (1981), Art 262
  30. ^ KUHAP (1981), Art 152
  31. ^ KUHAP (1981), Art 153
  32. ^ a b KUHAP (1981), Art 183
  33. ^ KUHAP (1981), Art 280
  34. ^ KUHAP (1981), Art 284
  35. ^ KUHAP (1981), Art 139
  36. ^ KUHAP (1981), Art 143
  37. ^ KUHAP (1981), Art 140
  38. ^ "http://www.unafei.or.jp/english/pdf/RS_No53/No53_22PA_Zaimaru.pdf[permanent dead link‍]" (accessed 15 September 2011)
  39. ^ KUHAP (1981), Art 270
  40. ^ KUHAP (1981), Art 52
  41. ^ KUHAP (1981), Art 114
  42. ^ KUHAP (1981), Art 56(1)
  43. ^ KUHAP (1981), Art 184
  44. ^ KUHAP (1981), Art 185(6)
  45. ^ KUHAP (1981), Art 185(5)
  46. ^ KUHAP (1981), Art 188(1)
  47. ^ Strang (2008), p. 189
  48. ^ Lindsey (2008), p. 148
  49. ^ Lindsey (2008), p. 190
  50. ^ KUHAP (1981), Art 66
  51. ^ Lindsey (2008), p. 192

Bibliography

[edit]
  • Lindsey, Tim, ed. (2008). Indonesia, Law and Society (2nd ed.). Federation Press. ISBN 9781862876606.
  • Strang, Robert (2008). ""More Adversarial, but not Completely Adversarial": Reformasi of the Indonesian Criminal Procedure Code". Fordham International Law Journal. 32 (1): 188–231.
  • Kitab Undang-Undang Hukum Acara Pidana [Indonesian Criminal Procedure Code] (PDF). 1981.
[edit]
Retrieved from "https://en.wikipedia.org/enwiki/w/index.php?title=Indonesian_criminal_procedure&oldid=1252742431"