Indonesia - Revision history

IBJadmin at 08:57, 11 June 2020

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	The restrictions on the freedom of contact between legal counsel and a suspect as stated in Article 70 Paragraph (2), Paragraph (3), Paragraph (4) and Article 71 shall be prohibited, after the case has been submitted by the pubic prosecutor to the district court for adjudication, a copy of which letter shall be delivered to the suspect or his legal counsel as well as to the other patties to the process.		The restrictions on the freedom of contact between legal counsel and a suspect as stated in Article 70 Paragraph (2), Paragraph (3), Paragraph (4) and Article 71 shall be prohibited, after the case has been submitted by the pubic prosecutor to the district court for adjudication, a copy of which letter shall be delivered to the suspect or his legal counsel as well as to the other patties to the process.


			==Appeals, Other Legal Remedies and Execution of Judgments==

			==== Examinations at The Appellate Level ====

			'''Article 233'''

			(1) A request for an appeal as intended by Article 67 may be lodged with a high court by the accused or someone especially empowered therefore or the public prosecutor.

			(2) Only a request for an appeal as intended by Paragraph (1) may be accepted by a clerk of a district court within seven days after a judgment has been rendered or after the judgment has been made known to the accused who was not present as intended by Article 196 Paragraph (2).

			(3) The clerk shall prepare a statement concerning such request that shall be signed by him and also by the applicant and a copy thereof shall be given to the applicant concerned.

			(4) Where the applicant is unable to appear, this fact must be recorded by the clerk accompanied by the reasons therefore and the record must be attached to the dossier of the case and must also be entered into the register of criminal cases.

			(5) Where a district court receives a request for an appeal, whether lodged by file public prosecutor or the accused or lodged by both the public prosecutor and the accused, the clerk shall be obligated to make the request of the one party known to the other party.

			'''Article 236'''

			(1) At the latest within fourteen days after a request for an appeal has been 1odged, the clerk shall send a copy of the judgment of the district court concerned and the dossier of the case plus the documents of proof to the high court.

			(2) For seven days before the sending of the dossier of the case to the high court, an appellant shall be given the opportunity to study the dossier of said case at the district court.

			(3) Where the appellant has stated clearly in writing that he will study said dossier at the high court, it shall be obligatory that he be given the opportunity to do so at the earliest seven days after the dossier of the case has been received by the high court.

			(4) It shall be obligatory that every appellant be given the opportunity at any time to examine the authenticity of the dossier of his case which is already at the high court.
			Article 240

			(1) If the high court is of the opinion that in the examination at first instance level there has evidently been negligence in the application of the law of procedure or a mistake or there is something incomplete, the high court may by a decision order the district court to correct these matters or the high court may do so itself.

			(2) If necessary the high court may by a decision annul the judgment of the district court before the judgment of the high court is rendered.

			'''Article 241'''

			(1) After all matters as intended by the provisions referred to above have been considered and executed, the high court shall decide, uphold or amend and in case of annulment of the judgment of a district court, the high court shall render its own judgment.

			(2) In case the judgment of a district court is so annulled because it was not competent to examine the case, then the provisions referred to in Article 148 shall apply.

			'''Article 242'''

			If in a examination at the appellate level an accused who has been convicted is in detention, the high court shall in its judgment stipulate whether the accused should still be detained or be released.

			'''Article 243'''

			(1) A copy of the written judgment of the high court together with the dossier of the case shall within seven days after said judgment has been rendered be sent to the district court that rendered judgment in the first instance.

			(2) The accused and the public prosecutor shall promptly be notified by the clerk of the district court of the contents of the written judgment after it has been recorded in the register and thereafter said notification shall be noted on the copy of the written judgment of the high court.

			(3) The provisions regarding judgments of a district court, as intended by Article 226 shall also apply to judgments of a high court.

			(4) Where the accused resides outside the jurisdiction of the district court, the clerk shall ask the assistance of the clerk of the district court in whose jurisdiction the accused resides to notify him of the contents of the written judgment.

			(5) Where the address of the accused is not known or he resides abroad, the contents of the written judgment as intended by Paragraph (2) shall be delivered through a village head or official or through the legation of the Republic of Indonesia, where the accused usually resides and if it still cannot be delivered, the accused shall be summoned two times in succession through two newspapers published in the jurisdiction of the district court it self or in a jurisdiction nearby that jurisdiction.

			==== Reconsideration of a Judgment Which has Become Final and Binding ====

			'''Article 263'''

			(1) A convicted person or his heirs may submit a submit a request to the Supreme Court for reconsideration with regard to a judgment which has become final and binding, except a judgment of acquittal or the dismissal of charges.

			(2) A request for reconsideration may be made on the basis that:

			(a) if there are found to be new circumstances which give rise to a strong presumption that if such circumstances had been known at the time the trial was still in progress, the outcome would have been a judgment of acquittal or dismissal of all charges or the charges of the public prosecutor would not have been acceptable or that less severe criminal provisions would have been applied to the case;

			(b) if in various judgments there are found to be statements the something has been proven, but the matters or circumstances which form the basis and reason for the judgment declared to have been proven, are evidently mutually contradictory;

			(c) if a judgment clearly displays a mistake of the judge or a manifest error.

			(3) For the same reasons as referred to in Paragraph (2), a request for reconsideration may be submitted with regard to a judgment which has become Final and binding, if in that judgment there is an alleged act which has been declared proven, but which is not followed up by the imposition of a penalty.

			==== Execution of Judgments ====

			'''Article 270'''

			The execution of a judgment that has become final and binding shall be carried out by the public attorney, for which purpose a copy of the judgment shall be sent to him by the clerk.

			'''Article 271'''

			In the case of a death penalty the execution shall take place out of the public view and according to the provisions of law.

			'''Article 272'''

			If a convicted person has been penalized to imprisonment or confinement and subsequently is subject to a similar penalty before he has served the penalty previously imposed, the penalties shall be served in succession starting with the penalty first imposed.

			'''Article 273'''

			(1) If a judgment imposes a fine, the convicted person shall be given a period of one month to pay said Free except for judgments in express examination procedures that must be paid in full without any delay.

			(2) Where there is a strong reason, the time limit as referred to in Paragraph (1) may be extended for at most one month.

			(3) If a judgment also stipulates that the physical evidence shall be confiscated for the state, with the exception referred to by Article 46, the public attorney shall entrust the goods to the state auction office in order to be sold by auction within three months, the proceeds of which shall be deposited in the state treasury for and on behalf of the public attorney.

			(4) The time limit as referred to in Paragraph (3) may be extended for at most one month.

			'''Article 274'''

			Where the judgment also renders a judgment for compensation as intended by Article 99, the execution thereof shall be carried out according to methods for judgments in civil suits.

			'''Article 275'''

			If more than one person is convicted in one case, the expenses of the case and or compensation, as intended by Article 27 shall be borne by them jointly in equal proportions.

			'''Article 276'''

			Where a court imposes a conditional sentence, the execution thereof shall be carried out with serious efforts of supervision and observation and according to the provisions of law.

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		==Legal Assistance for suspects and accused persons==


		Chapter VII of the Indonesian Criminal Procedure Law specifically provides for a number of issues and rights related to legal assistance that must be provided to accused persons and suspects:

		'''Article 69'''

		Legal counsel shall have the right to contact a suspect from the moment of his arrest or detention at all stages of examination according to the procedures stipulated by this law.

		'''Article 70'''

		(1) Legal counsel as Intended by Article 69 shall have the right to contact and speak with the suspect at any stage of examination and at any time for purposes of the defense of his case.

		(2) If there is proof that said legal counsel is abusing his right in speaking with the suspect, then in accordance with the stage of examination, the investigator, public prosecutor or prison officer shall give a warning to the legal counsel.

		(3) If the warning is not heeded, then said contact shall be supervised by the official referred to in Paragraph (2).

		(4) If after supervision, the right is still abused, the said contact shall be witnessed by the official referred to in Paragraph (2) and if thereafter the violation continues, then the contact shall henceforth be prohibited.

		'''Article 71'''

		(1) Legal counsel in contacting a suspect shall be supervised by the investigator, public prosecutor or prison officer, in accordance with the stage of examination, who shall refrain from listening to the content of the discussion.

		(2) In the event of a crime against state security, the officials referred to in Paragraph (1) may listen to the content of the discussion.
		Article 72

		At the request of a suspect or his legal counsel, the official concerned shall provide a copy of the minutes of the examination for purposes of his defense.

		'''Article 73'''

		Legal counsel shall have the right to send and receive documents from a suspect at any time he desires.

		'''Article 74'''

		The restrictions on the freedom of contact between legal counsel and a suspect as stated in Article 70 Paragraph (2), Paragraph (3), Paragraph (4) and Article 71 shall be prohibited, after the case has been submitted by the pubic prosecutor to the district court for adjudication, a copy of which letter shall be delivered to the suspect or his legal counsel as well as to the other patties to the process.

IBJadmin at 14:53, 10 June 2020

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	These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981, from Articles 16 to 49.		These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981, from Articles 16 to 49.



	==Specific Rights of Suspects and Accused Persons==		==Specific Rights of Suspects and Accused Persons==
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	(3) In the event a document for a suspect or an accused is scrutinized or examined by an investigator, public prosecutor, judge or official of a state house of detention, the suspect or accused shall be informed about of such fact and said document returned to the sender after being stamped "scrutinized".		(3) In the event a document for a suspect or an accused is scrutinized or examined by an investigator, public prosecutor, judge or official of a state house of detention, the suspect or accused shall be informed about of such fact and said document returned to the sender after being stamped "scrutinized".


	'''Article 63'''		'''Article 63'''

IBJadmin at 14:52, 10 June 2020

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	==== Arrest, detention, search of the person, house entry, seizure and examination of documents ===		=== Arrest, detention, search of the person, house entry, seizure and examination of documents ===

	These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981, from Articles 16 to 49.		These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981, from Articles 16 to 49.

			==Specific Rights of Suspects and Accused Persons==

			Chapter IV of the Indonesian Criminal Procedure Law sets out a number of specific procedural and other rights related to suspects and accused persons:

			'''Article 50'''

			(1) A suspect shall have the right to be examined promptly by an investigator and thereafter to have his case referred to the public prosecutor.

			(2) A suspect shall have the right to have his case promptly submitted to court by the public prosecutor.

			(3) An accused shall have the right to be promptly adjudicated by the court.

			'''Article 51'''

			In order to prepare a defense:

			(a) A suspect shall have the right to be clearly informed in language which he understands about what he is suspected of at the time an examination begins;

			(b) An accused shall have the tight to be clearly informed in language which he understands about what he is accused of.

			'''Article 52'''

			In examinations at the stages of investigation and adjudication, a suspect or an accused shall have the fight to freely give information to an investigator or judge.

			'''Article 53'''

			(1) In examinations at the stages of investigation and adjudication, a suspect or an accused shall have the right at any time to have the assistance of an interpreter as intended by Article 177.

			(2) In case a suspect or an accused is deaf and/or dumb, the provision as intended by Article 178 shall apply.

			'''Article 54'''

			For purposes of defense, a suspect or an accused shall have the right to obtain legal assistance from one or more legal counsels during the period of and at every stage of examination; according to the procedures stipulated by this law.

			'''Article 55'''

			In order to obtain the legal counsel referred to in Article 54, a suspect or an accused shall have the right to make hi$ own choice of legal counsel.

			'''Article 56'''

			(1) In the event a suspect or an accused is suspected of or accused of having committed a offense which is liable to a death penalty or imprisonment of fifteen years or more or for those who are destitute who are liable to imprisonment of five years or more who do not have their own legal counsel, the official concerned at all stages of examination in the criminal justice process shall be obligated to assign legal counsel for them.

			(2) Any legal counsel who is assigned to act as intended by Paragraph (1) shall provide his assistance free of charge.

			'''Article 57'''

			(1) A suspect or an accused who is subject to detention shall have the right to contact his legal counsel in accordance with the provisions of this law.

			(2) A suspect or an accused of foreign nationality who is subject to detention shall have the right to contact and speak with the legation of his country in facing the process of his case.

			'''Article 58
			'''

			A suspect or an accused who Is subject to detention shah have the right to contact and to be visited by his personal doctor in the interest of his health, whether or not this has any connection with the process of the case.

			'''Article 59'''

			A suspect or an accused who is subject to detention shall have the right to have his family or other people In the same house as the suspect or the accused or other persons whose assistance is required by the suspect or the accused to obtain legal assistance or guarantee for his release on ball notified of his detention by the competent official, at all stages of examination In the criminal justice process.

			'''Article 60'''

			A suspect or an accused shall have the right to contact and receive visits from persons who have family or other relationships with the suspect or the accused in order to obtain guarantees for the release from detention on bail or for purposes of obtaining legal assistance.

			'''Article 61'''

			A suspect or an accused shall have the right, directly or through the intermediacy of his legal counsel, to contact and receive visits from his relatives for matters which have no connection with the case of the suspect or the accused for occupational concerns or for family concerns.

			'''Article 62'''

			(1) A suspect or an accused shall have the right to send documents to his legal counsel, and to receive documents from his legal counsel and relatives at any time he requires, for which purpose stationery shall be provided to the suspect or accused.

			(2) Correspondence between a suspect or an accused and his legal counsel or relatives shall not be examined by an Investigator, public prosecutor, judge or official of a state house of detention, except when there is sufficient reason to presume that the correspondence is being abused.

			(3) In the event a document for a suspect or an accused is scrutinized or examined by an investigator, public prosecutor, judge or official of a state house of detention, the suspect or accused shall be informed about of such fact and said document returned to the sender after being stamped "scrutinized".


			'''Article 63'''

			A suspect or an accused shall have the right to contact and receive visits from a priest.

			'''Article 64'''

			An accused shall have the right to be adjudicated in a trial that is open to the public.

			'''Article 65'''

			A suspect or an accused shall have the fight to seek and call a witness and/or a person with special expertise to provide testimony that is favorable to him.

			'''Article 66'''

			A suspect or an accused shall not bear the burden of proof.

			'''Article 67'''

			An accused or public prosecutor shall have the right to appeal against a judgment of a court of first instance except against a judgment of acquittal, a dismissal of all charges which relates to a matter of the inappropriate application of law and a judgment under express procedures.

			'''Article 68'''

			A suspect or an accused shall have the right to claim compensation and rehabilitation as Governed by Article 95 and so forth.

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	==== Arrest, detention, search of the person, house entry, seizure and examination of documents ====		==== Arrest, detention, search of the person, house entry, seizure and examination of documents ===

			These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981, from Articles 16 to 49.

	~~'''Article 16'''~~

	~~(1) For purposes of preliminary investigation, the junior investigator upon the order of the investigator shall have the authority to make an arrest.~~

	~~(2) For purposes of investigation, the investigator and assistant investigator shall have the authority to make an arrest.~~
	~~Article 17~~

	~~An arrest warrant shall be served on a person who is strongly presumed to have committed an offense based on sufficient preliminary evidence.~~

	~~'''Article 18'''~~

	(1) The task of making an arrest shall be executed by officers of the state police of the Republic of Indonesia by showing their assignment letters and giving the suspect the arrest warrant which contains the suspect's identity and states the reasons for arrest and a brief explanation of the criminal case of which he is suspect and the place where he is to be examined.

	(2) In cases of apprehension in flagrante delicto, the arrest shall be made without a warrant, provided that the arresting officer must immediately deliver tile arrested person and any physical evidence to the nearest investigator or assistant investigator.

	~~(3) A copy of the arrest warrant as intended by Paragraph (1) shall be provided to his family immediately after the arrest is made.~~

	~~'''Article 19'''~~

	~~(1) The arrest as intended by Article 17, can be made for at most one day.~~

	~~(2) A person suspected of having committed a misdemeanor shall not be arrested, except when without valid reasons he has failed two consecutive times to comply with valid summons.~~



	~~-----~~
	See [[Criminal Justice Systems Around the World]] and [[Legal Aid in ASEAN countries]]		See [[Criminal Justice Systems Around the World]] and [[Legal Aid in ASEAN countries]]

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 ==== Arrest, detention, search of the person, house entry, seizure and examination of documents ====
-'''Arrest
-'''
+'''Article 16'''

IBJadmin at 14:17, 10 June 2020

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	b. where the investigation is deemed to have been completed, the investigator shall cede responsibility for the suspect and the physical evidence to the public prosecutor.		b. where the investigation is deemed to have been completed, the investigator shall cede responsibility for the suspect and the physical evidence to the public prosecutor.


			==== Arrest, detention, search of the person, house entry, seizure and examination of documents ====

			'''Arrest
			'''

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	A junior investigator shall be any official of the state police of the Republic of Indonesia.		A junior investigator shall be any official of the state police of the Republic of Indonesia.

	''Article 5''		'''Article 5
			'''

	(a) A junior investigator as intended by Article 4, by virtue of his authority shall be competent:		(a) A junior investigator as intended by Article 4, by virtue of his authority shall be competent:

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	==Pre-Trail Matters==		==Pre-Trail Matters==

			==== Complaint, Information, Investigations ====

			These procedures and related acts concerning investigating any matter, following up on complaints and/or information in that regard, are set out in Chapter III of the Indonesian Criminal Procedure Act No. 8 of 1981:

			'''Article 4'''

			A junior investigator shall be any official of the state police of the Republic of Indonesia.

			''Article 5''

			(a) A junior investigator as intended by Article 4, by virtue of his authority shall be competent:

			1) to accept a report or complaint from a person about the existence of an offense;

			2) to seek information and physical evidence;

			3) to order a person of whom he is suspicious to stop and to ask for and inspect his identification;

			4) to take other responsible acts in accordance with law.

			(b) By order of an investigator may take such acts as:

			1) arrest, restriction, of movement, search and seizure;

			2) inspection and seizure of letters;

			3) fingerprinting and photographing of a person;

			4) taking and bringing a person before an investigator.

			(2) A junior investigator shall prepare and submit reports to the investigator on the results of the acts as stated in Paragraph (1) point (a) and point (b).

			'''Article 6'''

			(1) An investigator shall be:

			a. an official of the state police of the Republic of Indonesia;

			b. an official of the state police of the Republic Indonesia

			c. a certain official of the civil service who is granted special authority by law.

			'''Article 7'''

			(1) An investigator as intended by Article 6 Paragraph (1) point a by virtue of his authority shall be competent:

			a. to accept a report or complaint from a person about the existence of an offense;

			b. to take the first steps at the place of occurrence;

			c. to order a suspect to stop and examine the suspect's identification;

			d. to carry out arrest, detention, search and seizure;

			e. to carry out the examination and seizure of documents,

			f. to fingerprint and photograph a person;

			g. to summon a person to be heard or examined as a suspect or a witness;

			h. to call in an expert required in connection with the examination of a case;

			i. to terminate an investigation;

			j. to take other responsible acts in accordance with law.

			(2) An investigator as intended by Article 6 Paragraph (1)(b) shall have the authority as vested by the pertinent underlying law and shall in carrying out his duties be under the coordination and supervision of the investigator referred to in Article 6 Paragraph (1) point a.

			(3) In carrying out the duties as intended by Paragraph (1) and Paragraph (2), the investigator shall be obligated to hold the prevailing law in high respect.

			'''Article 8'''

			(1) The investigator shall prepare minutes of the execution of acts as intended by Article 7 without detracting from the other provisions of this law.

			(2) The investigator shall deliver the dossier of a case to the public prosecutor.

			(3) The delivery of the dossier of a case as intended by Paragraph (2) shall be accomplished as follows:

			a. at the first stage, the investigator shall deliver only the dossier of a case;

			b. where the investigation is deemed to have been completed, the investigator shall cede responsibility for the suspect and the physical evidence to the public prosecutor.

IBJadmin at 14:07, 10 June 2020

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	Private legal representation remains very expensive for most. Legal fees are often equivalent to more than two months average income, even for simple cases, and way beyond the reach of most Indonesians.		Private legal representation remains very expensive for most. Legal fees are often equivalent to more than two months average income, even for simple cases, and way beyond the reach of most Indonesians.

			==Pre-Trail Matters==