Criminal Litigation

Navigating the complexities of criminal litigation in Indonesia demands a deep understanding of the legal framework and procedural matters. Kusuma & Partners offering unparalleled services tailored to meet the unique needs of each criminal case. With a focus on humanizing the legal process and maintaining the utmost professionalism, we guide you through every step of the Indonesian criminal litigation journey.

Understanding Indonesian Criminal Litigation Proceedings

Criminal litigation in Indonesia involves a series of methodical steps that ensure justice is served while safeguarding the rights of the suspected. The process is structured to balance the interest of both the prosecution and the defense, with a commitment to fairness and transparency.

1. Pre-Investigation and Investigation
   It begins with a pre-investigation stage where preliminary evidence is gathered. This is followed by a formal investigation conducted by the Police or relevant authorities. During this stage, the steps include:
   • Filing of Complaint (Police Report) to Police Office
     An individual or entity files a police report of a reported party criminal act to the police office.
   • Pre-Investigation (Penyelidikan)
     The police officers gather initial evidence to determine whether a crime has occurred, including calling and interviewing the witnesses (e.g., both reporting and reported party, witnesses).
   • Investigation (Penyidikan)
     If sufficient evidence is found, the case moves to investigation (penyidikan) where detailed evidence is collected.
   • Determining the reported party as Suspected (Tersangka)
     If all evidences are sufficiently collected and deemed that there is sufficient proof of criminal act, the police are determining the reported party as Suspected.
2. Arrest and Detention
   If there is strong evidence in a criminal act and categorized in certain conditions, the suspected may be arrested and detained. The steps include:
   • Arrest (Penangkapan)
     The police can arrest a suspected based on substantial evidence of a crime.
   • Detention (Penahanan)
     A suspected may be detained for up to 20 days, which can be extended under certain conditions. Detention is aimed at preventing the suspected from fleeing, and tampering with evidence.
3. Prosecution (Penuntutan)
   The public prosecutor reviews the investigation file submitted by the police and decides whether to proceed with prosecution. The steps include:
   • Case File Submission
     The police submit the investigation file to the public prosecutor’s office.
   • Indictment (Surat Dakwaan)
     The public prosecutors prepare an indictment outlining the charges against the accused and submits it to the court.
   • Pre-trial hearing (Pra-Peradilan) (if any)
     This is a court hearing to review of the legality of the arrest and detention procedures.
4. Court Hearing Proceedings (Persidangan)
   The hearing is conducted in open court, where both parties (public prosecutor and accused) present their cases, including cross-examination, evidentiary and witness, closing arguments, etc.
5. Court Decision and Sentencing
   The court decision and sentencing may include:
   • Acquittal (Pembebasan)
     The accused is found not guilty and is released.
   • Conviction (Pernyataan Bersalah)
     The accused is found guilty and sentenced.
   • Sentencing (Pemidanaan)
     The court determines the appropriate punishment, which could range from fines and imprisonment.
6. Legal Remedy
   The dissatisfied party may file a further legal remedy by appealing to the higher court.