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Understanding Criminal Procedure :

The law does not provide an official definition of the


criminal procedure law , that there is a shared
understanding of the specific bgian of criminal
procedure , such as inquiry, investigation , arrest , etc.

> Prosecution should be done as carefully as possible


so that it is the prosecution that the prosecution
improperly. because the prosecution would prove fatal
error is the failure of the prosecution which resulted in
a free agent .

Prof . Mulyatno :
mention that the HAP ( Criminal Proceedings ) is part of
the whole law in a country that gives you the basics
and the rules that determine in what way and what
kind of procedures , criminal threats that exist in a
criminal act can be implemented if there is suspicion
that people have done criminal acts .

The third goal that did the inspection and found the
decision to be made and the duties of judges in court .
> checks to be honest and impartial , and the decision
must be a fair decision for all parties .
Fair , Subjective nature :
HAP is the ultimate goal of carrying out
execution verdict ,
> administratively conducted by prosecutors but the
operation is done and the duty of prison when the
verdict was judgment of imprisonment , but if the
death penalty putusanya then directly carried out by
firing squad that is specially prepared for it .

the point that the Code of Criminal Procedure :


Overall the rule of law is related to the administration
of criminal justice and penal settlement procedures
include reporting process and the complaint , inquiry,
investigation , prosecution , examination at trial , the
verdict and the enforcement of criminal
Criminal Law
Indonesian Criminal Procedure Law . in the Law No. 8
of 1981
- material
What ? What does act offenses
Who ? Which can be regarded as Performers
- formal
How to Process the event of criminal offender
Functions of Criminal Procedure
- Repressive :
the function of criminal law is to
implement and enforce the criminal law . meaning that
if there are actions that are categorized as a criminal
act then the act must be processed so that the
provisions contained in the law
penalty can be applied .
- preventive :
the function of preventing and
reducing crime rates . This function can be seen when
the criminal justice system can work well and there is
legal certainty , then one would think that would be a
criminal offense .
= Thus it can be shown that the law of criminal
procedure and criminal law are
an inseparable pair
and have a very close relationship , described as two
sides of the coin
The purpose of criminal procedural law in the
implementation of the Code of Criminal Procedure
guidelines :
" The purpose of criminal law is to seek and obtain or
at least approach the material truth , the truth is as
complete of a criminal case by applying the law of
criminal procedure in an honest and appropriate , with
the aim to find the right actors who perform indicted a
violation of law , and further requested the
examination and decision of the court to find that the
offense is proved to have been made and whether the
person charged is to blame .
if you pay attention to the formulation of the
above , the purpose of criminal law can be said
that the
purpose of criminal law involves three things:
-seek and obtain the truth
-prosecution
-conduct inspections and provide decision
but of these three things can be added yangkeempat
that implement ( Execution ) verdict
Who is entitled to seek and find the truth ?
- The police in this case is the investigator and the
investigator . which meant the whole truth is the facts
that occurred that has to do with the criminal act
occurred .
The purpose of conducting the prosecution is the
duty of the prosecution is conducted by the
prosecutor .

Proceedings in the Court process can be illustrated by


the chart below: (see slide 19) next slide 20
Auxiliary sciences Criminal Code:
to measure in criminal law purposes is not easy to do
without any science that helps in finding the truth.
sciences will be very useful for law enforcement
agencies (police, prosecutors, lawyers, judges and
prison staff) therefore mandatory for law enforcement
agencies to equip themselves with knowledge of
various scientific aids.
auxiliary sciences in question are:
-Logic.
Studies are needed to help in the process logic and
process of evidence penyidian trial court. both of these
processes requires ways of thinking logically so that
the resulting conclusions can be said to be logical and
rational.
-Psychology
accordance with less subject matter of this science,
mak science can be useful in the touch-up the issue of
psychiatric problems suspects. it really helped
investigators in the interrogation process. and the
judge can choose how he should ask the question in
accordance with the defendant's mental condition.
-Criminal
The role of science Criminal help is very useful for the
process of proving particularly in assessing's
consider-'s consider who it was revealed in court, and
with this knowledge it can be constructed with a good
systematic evidence that the process will be more
accountable. The science that is widely used is the
science of fingerprints, footprints, toxikologi
(toxicology) and so on.
Justice-Medicine and Psychiatry
medicine and psychiatry judicial very helpful
investigators, prosecutors and judges in dealing with
crimes related to the life or body of a person or the
salvation of souls orang.dalam this judge needs of
medical information and psikitri. and when da term
that describes the medical term dn judge prosecutors
are not too blind lawyer.
-Penologi
This science is very helpful judges in determining
sentencing alternatives for correctional officers as well
as what type of coaching is right for convicts.
-Victimologi
The science of studying the ins and outs of crime
victims. This science is very helpful in determining the
appropriate action to be able to provide compensation
to the victims.
Glossary of common terms in the Criminal Code?
There is no mention in detail in article 1 of Law
No. 8 of 1981 or the Criminal Procedure Code.:
1. The principles of the Code of Criminal
Procedure

The principles that apply in criminal procedural law


there is of a general nature and is Special. of a general
nature applicable to all activities while the judiciary
that are specifically applicable only in the trial alone.
> General Principles
(Applies to all judicial activities)
> Principle of Truth Material
(That on examination of criminal cases are more
concerned with the discovery of material truth, the
truth which is really very much in accord with reality.)
(This principle is seen in the trial, that although pelku
already admitted his guilt, but not enough to be a
reason for dropping reasons. Different than in
America.)
> Principle of Justice Fast, simple and low cost.
(Meaning swift justice. Expected to implement justice
diselenggarakann as simple as possible and in the
shortest possible time.)
(Simple means that in order for the administration of
justice done by simple short and straightforward.)
(Low cost means, the administration of justice in such
rupaagar affordable pressed for justice seekers)
(This is in Act No. 4 of 2004 on Judicial powers in Article
4 paragraph (2).)
> Principle of Presumption of Innocence (Presumtion of
inocene)
(The principle of the presumption of innocence requires
that every person involved in a criminal case must be
considered not guilty before the judge's decision is
final and binding. Applicable at all levels of the same
thing, its implementation can be demonstrated when
the suspect dihdirkan trial court conducted with no
handcuffs)
(This principle has been adhered to since tertunag in
Law. 4 of 2004, article 8 which mengatkan "any
persons suspected, arrested, detained prosecuted
before a court confronted nd wjib presumed innocent
until declared guilty verdict ad and has permanent
legal force.? )
(Another principle is quite different to this principle is
the principle of presumption of innocence (Presumtion
of Qualty) This principle explains otherwise.)
> Principle Inquisitoir and Accusatoir
(Inquisitoir principle is a principle that explains that
each examination should be conducted in a
confidential manner and closed. Principle is to put the
suspect as an object of examination without obtaining
any rights whatsoever. As legal assistance and met
with his family.)
(Accusatoir principle suggests that a suspect / accused
is examined not the object but as a subject. Principle
shows pemerinsaan be open to the public. Whereby
everyone can attend)
- Indonesia used which one?
Indonesia uses the principle Inquisatoir softened or can
also be said mixture. because the defendant still
subject to examination but DAPT conducted openly and
defendants can argue self-defense as far as not
breaking the law, and this principle is in principle
accusatoir.
> The principle of legality and the principle of
opportunity
(legality principle is a principle that requires that the
public prosecutor shall prosecute all criminal cases
that occur regardless of who and how the state of the
culprit.)
(principle of opportunity is authorizing prosecutors to
prosecute or not prosecute an offender on the grounds
of public interest. adopted by Indonesia for example is
someone who has a special skill, and he's just the only
one in the country on the grounds that the prosecutor
may choose not to sue.)

Special principles
> The principle of public hearing:
the intent of this principle is that in every trial has to
do with public means anyone can see, but in this case
there is pengecualianya in ethics cases and cases that
the defendant is a minor ank. in hl can be seen in
Article 153 (3 and 4) Criminal Procedure Code which
says "for the purposes of examination presiding judge
opened the hearing menytakan nd session open to the
public except in the case of the defendants decency nk
tau-friendly".
("Non-compliance with the provisions of paragraph (2)
and (3) resulted in the decision null and void)
> The principle of justice committed by the judge
because of his position:
This principle requires that there is a depressing office
reserves the right to justice or to take a decision unless
the examination is only given to the judge.
> The principle of direct examination
This principle requires that the tests that must be
confronted terdakw before the trial court, including the
entire menghdapkan designated witnesses. Directly
means that the judge and the accused or witnesses in
a trial that is not limited by any veil ..
but with the development tegnologi this may be
unfulfilled krena now there telekomfren.
CHAPTER II??? Preliminary examination
Investigation
Investigation
Arrest
Detention
Shakedown
Foreclosure
Criminal law recognize several stages in the
criminal case, even if not explicitly specified in the
Code of Criminal Procedure, but based on the
formulation of the existing provisions in the Criminal
Procedure Code then some criminal law experts who
are found in various stages of the literature divides into
three (3) stages: :
1.Preliminary examination stages,
2.Prosecution and Stages
3.Stages trial court examination.
According to S Tanusubroto is a 1.preliminary
examination is the examination of the investigation or
hearings before the trial court made in advance. As is
the case with those expressed by Soedjono D.
Inspection is performed when there is suspicion, either
caught or not, prior to examination of the trial court in
advance.
About the investigation.
The investigation is the definition of no in the general
provisions of Article 1 point 5 which explains that the
investigation is a series of investigators to look for and
find an event alleged crime in order to find whether or
not the investigation in the manner provided for in this
Law (Criminal Code ).
the question now is who is authorized to conduct the
investigation?
--- If you pay attention to article 4 of the Criminal
Procedure Code are authorized to perform the function
of inquiry is "any police officer of the Republic of
Indonesia". in this article only confirmed that police
have the authority to conduct investigations and
pejabt outside the police are not allowed by law as well
as prosecutors.
--- In article 5 of the Criminal Procedure Code regulated
the authority of investigators include:
[1.] Authority based Liability (Law)
-Receive reports and complaints from individuals of
criminal activity;

-Looking information and evidence;


-Ordered the suspect to stop and ask someone and
check tnda personal identification;
Another action-held legally responsible.
A.d.a. Authority to receive reports and complaints
the beginning of the criminal information usually
comes from the people, so the basis of this
investigation take the next appropriate action
authority. if there is a report or complaint then the
investigator is obliged to accept it.
Some things to note in reporting and
denunciation(pengaduan) that must be met, namely:
1. if the reports and complaints must be submitted in
writing then signed by the complainant and the
complainant;
2. if the reports and complaints made orally should be
noted by the investigator and signed by the
complainant / complainants and investigators;
3. If the complainant and the complainant can not
write, it should be noted in the report or complaint
(Article 103)
distinguishing between reports and complaints
# Reports may be submitted by any person and an
obligation, while the complaint can only be filed by
certain people but is open kewajibanny rights.
# In terms of its object, the object is a report every
offense / crime that happens there is no exception, so
it is with regard to the regular offense. while the
complaint, the object is limited to offenses only
complaint.
# In terms of contents, the report contains an
application without notice, while the contents
complaint notice is accompanied by an application for
immediate legal action.
# In terms of revocation, reports can not be revoked
while the complaint be revoked.

Authority Finding Information and evidence?


seek information and evidence it is in order to
prepare the materials in the form of facts as a legal
basis to initiate the investigation process.
in seeking and obtaining evidence should be done in
ways that professional and science-based investigation
and was not impressed that it is important to pursue
the target of the investigation.
What is the Evidence?
evidence is used to carry goods or related offenses.
Evidence mentioned in article 184 of the Criminal
Procedure Code, namely:
-Statement of witness
-Description expert
-Letter
-Clue
-Testimony of the defendant
Authority ordered to stop
authority possessed by the investigators is
important, because it relates to a person suspected of
taking action that requires investigators to examine
and dismiss the request for information.
but in the case of people who do not heed the
warnings of investigators suspected the investigators
were not able to perform a force that is justified by law.
because it will make arrests if there must be certain
conditions that must be met such as the existence of
an arrest warrant.
Investigative authority to act on another.? Authority
is dalah authority blurred and indistinct in article 5,
paragraph 1 letter a number 4 says that the reference
to other acts are acts of investigation for the purpose
of the investigation on condition that:
-Not contrary to the rule of law

-Aligned with the legal obligations that require action


dilakukanny office
-It must be appropriate and reasonable and are
included in the office environment
-The appropriate consideration by state force
-Respect for human rights.
although it has been described in the explanation,
but have not provided a satisfactory explanation, and
legal experts were par vary msih give concrete
examples.

[2.] Authority by command Investigators.


Obligations and authority of the investigator comes
up whenever there is an order from the investigator.
The actions in question form:
-Arrest, ban on leaving the place,
-Search and seizure.
Inspection and seizure-mail
-Take a person's fingerprints and photograph
-Carry and a person confronts the investigator.
About Investigation
Investigation-word is almost similar to the
investigation, but it is very different indeed.
-Investigation provided for in the second part of
chapter 102-136 CHAPTER XIV Criminal Procedure
Code, the investigator and the investigator helpers set
out in section 6-13 first and second part of Chapter IV
of the Criminal Procedure Code.
difference between inquiry and investigation seen:
1. from the officials who carry it out:
officials who carry out his investigation is comprised of
police officers alone, while the investigation,
comprising police officials and civil Servants
(investigators) specific.
2. in terms of his emphasis
Investigations the emphasis on "search and find
something events" alleged criminal acts.
The probe while the emphasis is on action "search for
and collect evidence" that a crime is found to be
bright,
3. in terms of the rank of national police officers,
investigation are those who have the rank of
Lieutenant-two, while for the investigator is Lt. one up.
The authority of the investigators in conducting the
investigation can be found in Article 7 paragraph (1)
Criminal Procedure Code as follows:
-Receive reports and complaints from individuals about
his chest crime
The first-act scene when ditempatkejadian
-Told to stop someone suspects and examine personal
identification suspects;
-Conduct arrest, detention, search, and seizure;
Inspection and seizure-mail
co-opted and memotretseseorang fingerprints;
-Bring in the experts to be treated in conjunction with
the examination of the case;
-Held a termination of the investigation
Another action held legally responsible.
(Investigator's authority looks wider than the authority
of the investigator)
[+] That needs to be explained here is the
termination of investigation, and in terms of whether
an investigator stop the investigation?
This question can be answered with less section 109
(2) Criminal Procedure Code, by this Article may be
argued that the investigator must terminate the
investigation if:
[+] If it was not enough evidence to proceed to trial
work kepengdilan;
dialakukan if action by a suspect that turned out to not
be a criminal offense and, (What is Crime?)
if the investigation does need to be stopped by law.

-With the termination of the investigation contains


juridical consequences, because people who are
suspected of having committed the crime then undng
authorized by legislation to be:?
1. submit a request to the chairman of the district
court to examine whether or not legitimate and
termination of the investigation has been done
investigating against him.
2. submit a request to the chairman of the district
court to get gnti loss and or rehabilitation as a result of
his legitimate dri termination of the investigation which
has been submitted to the chairman of the district
court (Article 81 Criminal Code)
About Arrest(PENANGKAPAN)

the competent authorities?


Arrest is an act of restraint while investigating a
suspect or defendant's freedom if there is enough
evidence for the purpose of investigation or
prosecution or justice in the case and in the manner
set forth in the statute law of criminal procedure
(Article 1, point 20).
based on the sound pegertian arrest is authorized
investigator, but in article 16 paragraph (1)
investigators can also make arrests as long as there is
a command from the investigator.
Purpose and reason for arrest?
objectives mentioned in the arrest of 16 Code of
Criminal Procedure for the benefit of the investigation
or for the purpose of investigation,
while the reason for the arrest is determined in article
17 of the Criminal Code, namely: the existence of an
alleged crime based on sufficient evidence.
(Sufficient evidence of at least one piece of evidence
and the evidence)
Terms validity of the arrest?
-By showing a letter assignment arrest issued by the
investigator or investigators maid;
-By giving a warrant to suspect that outlines the
identity of the suspect and stating the reason for the
arrest and brief description of the alleged crime cases
as well where he examined;
-The arrest warrant must be issued by the police
authorities of the Republic of Indonesia authorities in
investigating legal areas;
-To submit a copy of an arrest warrant for the suspect's
family immediately after arrest
What If Caught red-handed?
caught red-handed in terms of the arrest warrant did
not need to use, with the provision that the catcher
should immediately hand over the suspect and any
evidence to the investigator or investigators maid.
Deadline arrest?
arrests specified in Article 19 paragraph (1) is done
maximum one day. if more than a day then it
happened stu law violations and arrests by itself
considered invalid. or if that deadline is breached then
the suspect, his family, his legal advisers may ask for
pretrial examination. and may also sue for damages.
> But it would be a problem if the case is in the
interior, then for a way out arrests must be made by
the investigator himself so that the examination can be
carried out as soon as possible place nearby. or if none
were able to do so facing a warrant not an arrest
warrant.

About Detention(PENAHANAN)
reasons for detention
Reasons for detention divided into two objective
reasons and subjective reasons :
1 . Objective reasons
ie : because the law itself that determines which
offenses will be subject to detention ; these things
specified in article 21, paragraph 14, subsection ( 4 )
Criminal Code , namely :
criminal act punishable by imprisonment for five years
or more ;
criminal act as provided in Article 335 , 351 and so on .
2 . Subjective reasons
namely : the reason that emerges from a subjective
assessment that focuses on state officials and
purposes the detention itself . it is specified in Article
21 paragraph ( 1 ) Criminal Procedure Code , namely :
-the defendant alleged that the suspect committed a
criminal act based on sufficient evidence ;
-the circumstances which give rise to concerns that the
suspect and the accused will flee ;
feeling afrad suspect or defendant or eliminate
damage and evidence and or repeat offenses .
Who is authorized to make an arrest ?
Authorized officer to make an arrest is :
investigators
public prosecutor
District court judge
Judge pegadilan High
Supreme Court Justices
detention time and the extension can be summarized
in the table below:(see ppt 76)
detention at each level may still be further extended
as provided for in Article 29 Criminal Code . in this
case the extension is done in terms of : ?
- Suspect or tedakwa suffer severe physical or mental
disorder , as evidenced by a medical certificate , or
- threatened cases examined nine years imprisonment
or more .
which provide different extension at the first time , can
digmbarkan in the table below ( see ppt.78 )
Suspension of Detention (penangguhan penahanan):
The surety of its application , so it was granted and
whether or not really depends on the officer who
arrested him . surety in law = law can be carried out
on bail or not to bail , but almost every practice there
was never any suspension that does not wear warranty
.
Criminal Procedure Code divides into 3 types of
detention : ?
- State Prison - Detention ( Rutan )
- Home Detention
- City Detention ( Article 22 paragraph ( 1 ) )
at the state prison inmate incarceration was
deducted entirely from the criminal being dropped ,
city to arrest the reduction of one-fifth ( 1/5 ) of the
total length of time of detention ,
deductible under house arrest while one third ( 1/3 )
CALCULATON
Pidana yang dijatuhka
Tahanan Rutan
Perhitungannya 10 - 3

bulan

= 10 bulan
= 3 bulan

Sisa Hukuman
7 bulan
Pidana yang dijatuhkan
bulan
Tahanan Rumah
Perhitungannya 10 (1/3 x 3) bulan

=
= 10
= 3 bulan
= 9 bulan

pidana yang dijatuhkan


bulan
tahanan kota
perhitungannya 10 (1/5 x 3) bulan
10 (1/5 x 90 hari)
10 (90/5)
10 (18)

= 10
= 3 bulan

= 9bln12

environment as well as two witnesses ( Article 33


paragraph ( 3 ) )
- implementation and results of a search of the house,
the investigator must make an official report in two
days and derivatives conveyed to the owner or
occupier of the house in question ( Article 33,
paragraph ( 5 ) ) .

hari

QUESTION SAMPLE
Joni sebagai tersangka penganiayaan di kab bantul,
tertangkap dan ditahan di tingkat kepolisian selama 30
hari kemudian berkas dilimpahkan ke kejaksaan dan
joni ditahan selama 15 hari, setelah selesai proses di
kejaksaan maka kasus joni dilimpahkan kepengadilan
dan joni ditahan oleh pengadilan negeri selama 15 hari
pula. Setelah melalui proses pemeriksaan di
Pengadilan Joni terbukti secara sah dan meyakinkan
telah melakukan tindak pidana penganiayaan dan
dijatuhi hukuman 2 tahun penjara. Joni ketika ditahan
dengan status tahanan kota,
Q:
Berapa hukuman yang masih harus dijalani joni setelah
dikurangi dengan masa tahanannya ?
A:
How many times Hukumanya count?
2 Years = 24 Months
Calculate Total arrests were made!
Police = 30 days
Attorney = 15 days
Judge = 15 days
Total = 60 days = 2 Month
type of Detention
Prisoners City = 1/5
the formula:
Number of Punishment - (Type x Number of Detention
Detention)
---24 - (1/5 x 2 months)
If it is difficult, count only wear today!
24 - (1/5 x 60 days)
24 - (1x60: 5)
24 - (60: 5)
24-12
24 = 720 days - 12 days
= 708 days
About The search (penggeledahan):
- on the principle that no one should be forced to
undergo arbitrary interference and void on the power
his privacy, family , home or correspondence letters .
Nevertheless legislation authorizes the investigator to
conduct a search for the purpose of investigation .
- Criminal Code divides the search into two general
categories:
house searches and raids clothes and body .
both the search must be conducted by the by the
investigator or investigators on the orders of the
investigator . and in its implementation must consider
the principles or conditions specified by law.
Principles or requirements that must be considered in
conducting house searches is that :
- Investigators must have a permit from the local
district chairman pegadilan ( pasal33 paragraph ( 1 ) )
- each entered a house , a person must show
identification investigator ( Article 125 )
- if a search was done on the orders of the investigator
says investigators are running the command it should
show the letter task ;
- Investigators must be accompanied by two witnesses
in the case of suspects ataupenghuninya agree , if the
latter refuses or does not attend the investigator must
be witnessed by the village chief or head of the

Places in the excluded and not allowed to enter are:


-The room in which the ongoing MPR and DPR
-a place where being held / or ongoing worship and
religious ceremonies;
-space where the trial is ongoing.
Body The search (penggeledahan),
the law does not explain,?
But in this case, including body searches also in the
body cavity. search of a woman by a woman
About Foreclosure(penyitaan)
Foreclosure(penyitaan) is different than a
search(penggeledahan) though equally a forced effort,
If shakedown aim to interest inquiry or investigation for
the purpose of examination, while foreclosure aim to
prove the benefit is primarily intended to advance the
trial evidence.
foreclosure ?
is a legal action taken at this stage of the
investigation . after passing the stage of investigation
can no longer be done foreclosures for and on behalf of
the investigators . because Article 38 confirms that
confiscation is authorized to investigators .
Foreclosure forms can be divided into three ,
namely : ?
1.penyitaan ordinary or common ;
foreclosure is a foreclosure that use regular or
ordinary perosedur memlalui a general rule of
foreclosure .
As for the procedure of foreclosure usual or common
form is done by :
- there should permit the seizure of the district court ;
- shows or show identification ;
- showed the object to be seized ;
- foreclosures and confiscated objects should show
witnessed by the village chief or head of the
environment and the two witnesses ;
news - making event of foreclosure
wrap objects confiscated .
2.penyitaan in Keadaa necessary and urgent ;
This way the exception of the usual foreclosure ,
Article 38 paragraph 2 provides an exception to allow
expropriate without using standard procedures or by
obtaining a license from the PN , it is necessary to
make allowances for the investigator to act quickly in
accordance with the required state .
in terms of foreclosures without using the permit or
in other words a state of foreclosure in need and force ,
this is only done on a moving object and to the
chairman shall be immediately reported to the court
for approval ( Article 38 paragraph ( 2 ) ) .
3.penyitaan caught in a state .
This type of seizure is also unusual exception .
caught in a state of foreclosure , according to article 40
of DAPT dikenaklan against objects and tools :
- which was used to commit a crime
- or objects and tools that are " reasonably suspected "
has been used to commit a crime ;
- DAPT or other objects used as evidence .

With regard to the seized objects should also pay


attention to the provisions of Article 45 of the Criminal
Procedure Code as follows
> In the case of the confiscated objects consist of a
simple object quickly damaged or dangerous , so it is
impossible to be stored too long until the court ruling ,
so under these conditions as far as possible with the
consent of the suspect or their proxies may take action
as follows :
~ if the case still is in the hands investigator or
prosecutor , objects tersebutdapat auction sale or
secured by the investigator or the public prosecutor in
the presence of the suspect and his power ;
~ if sudahditangan court case , then they may be
sold by public prosecutors permission presiding judge
who witnessed the defendant and attorney .
~ the results of the auction items in question in the
form of money used as evidence ;
~ for the purpose of proving the extent possible set
aside a small portion of the objects ;
~ confiscated objects that are forbidden or
prohibited for circulation , this provision does not
include such drugs .
As for the storage of confiscated goods were
confiscated items storage house as RUPBASAN
ataudisingkat country .
CHAPTER III ? ABOUT STAGES OF PROSECUTION

When the preliminary investigation is completed, the


next step is prosecution. This is a series of stages in
the completion of the criminal case before the judge
examined in court. ?
prosecution itself is delegated activities criminal court.
delegate in case it does not just bring the case to court
but there are a few things done before the case was
submitted to court.
by martiman prodjohamidjoyo, before the criminal
court prosecutor bestow dankemudian prosecution, he
shall take such measures as:?
-receive and inspect the case file;
hold a pre-prosecution if there is a shortage in the
investigation immediately restore the file to the
investigator by giving instructions to penyempurnanya;
(the time required to give 7 days for
tahukankekurangannya)
-provide an extension of detention, detention or
continued detention and or change status transferred
custody after his case by the investigator;
-made indictment
by martiman prodjohamidjoyo, before the
criminal court prosecutor bestow dankemudian
prosecution, he shall take such measures as:?
-receive and inspect the case file;
hold a pre-prosecution if there is a shortage in the
investigation immediately restore the file to the
investigator by giving instructions to penyempurnanya;
(the time required to give 7 days for
tahukankekurangannya)
-provide an extension of detention, detention or
continued detention and or change status transferred
custody after his case by the investigator;
-made indictment
kepegadilan case-delegate;
-give notice to ersangka about the trial, accompanied
by a call provision, the tedakwa and witnesses;
-prosecution;
-shut case for the sake of the law;

-perform other actions within the scope and


responsibilities as a public prosecutor;
-carry out the judge's decision.
Pre-Prosecution?
Pre term prosecution in the Criminal Code section 14
"prapenuntutan hold if there is a shortage in the
investigation with memperhatikanketentuan Article
110 paragraph (3) and (4) to provide guidance in order
penyempurnaanya investigation of the investigators.
---time given to the public prosecutor for "researching
and studying" is 7 days.
Prosecution
is a prosecution to delegate action perkar pidna
competent court in the country and Menurt manner
regulated by law with the request that tried and
sentenced by the trial court judge.
---Wirjono demanding a criminal defendant is upfront
judge handing the case of a defendant to file his case
to the judge, by petition, that the judge examine and
then decide that the criminal case against the accused.
purpose to prosecute
is to get a determination of the public prosecutor ,
about the existence of sufficient grounds to prosecute
someone accused upfront judge .
umumberwenang claimant did peuntutan against
anyone accused of committing a crime in the
jurisdiction to delegate the authority to hear the case
to court ( Article 237 )
area of law ?
area where its authority in conducting the
prosecution . local laws or jurisdiction of the district
attorney is the same as the area of law or jurisdiction
of the district court . ? territory of a country is
pengadila regency / city
Article 141 determines that the public prosecutor can :
combine the cases and make one indictment , if at
the same time and at about the same atu he received
several files . conditions prescribed by law . namely :
- some criminal offenses committed by the same man
and the purpose of examination does not make
hlangan against the merger ;
- some relevant offenses to one another ;
- some offense relevant to the other one it has to do ,
which is in the development of this merger is
necessary for the purpose of examination .
the relevant one another that if the offense was
committed :
1 . by more than a man who worked and performed at
the same time ;
2 . by more than one at a different time and place but
it is the implementation of a conspiracy that made
them before;
> But in chapter 142 ? ? Lets do the separation case ,
in which case the public prosecutor received a case file
that contains a number of things . such terorieme and
corruption cases involving many officials as
Prosecution stop ? :
stop the prosecution means there has been
prosecution but because there are few things as
contained in Article 140 paragraph ( 2 ) ,
because of insufficient evidence , it is not a crime , and
the case was closed by law .
Letter indictment :
When the public prosecutor has determined that
the results of the examination can be performed
prosecution investigation , he soon made a letter
within each public prosecutor indictment and court
cases abundance, always accompanied by the
indictment as the basis for an examination conducted
by a judge in court .

Criminal Procedure Code does not mention the


sense of the indictment , the Criminal Procedure Code
only mention features and contents of the indictment
as mentioned in Article 143 paragraph ( 2 ) that
is .... indictments were dated and signed and contains :
- full name , place of birth , age or date of birth ,
gender , nationality , place of residence, religion and
the work of the suspect ;
- description carefully , clearly and complete the
criminal act charged with telling the time ( Tempus
Delicty ) and place the offense was carried out ( Locus
Delicty ) .
The form of the indictment :
indictment can be arranged in a variety of forms
depending kepeda case happened . therefore the form
of the indictment can be divided into four types :
Various charges :
1.Dakwan arranged singly ( single charge )
The indictment was made to prosecute a person
accused of atu over one perbuatanpidana course ,
such defendant only committing theft ( common ) of
article 362 of the Criminal Code ;
Cumulative 2.Dakwaan
The indictment was made to prosecute a defendant or
over who did more than one criminal act , for
example : i besides committing theft , he was also
carrying a firearm without the permission of the
authorities , that the defendant ( the defendant defendant ) was charged with two kinds of criminal
acts as well . The charges typically characterized by
providing the serial number of indictments for example
one, two and so on .
Indictments In Alternative :
This indictment by Prof . Bambang Purnomo made
to determine that there is a criminal case doubtful
about the types of criminal acts which are the most
appropriate , so that the prosecution submitted to the
court to make appropriate evidentiary hearing based
on result results in order to get the decision just one
type of criminal act of some kind alleged . such
hesitation to accuse the charge of " theft offense " or "
crime of embezzlement " , pointing to the word " or "
between the alleged actions of two main actions .
The indictment is the subsidiary ? :
The indictment prepared for prosecuting criminal
indictments filed more than one one taking into
account the weight of the criminal , criminal weight is
placed on the first row is referred to as the primary
charge , followed by a lighter indictment as a
subsidiary indictment . maybe there's more lighter with
more subsidiary indictment and so on .
as an example of the subsidiary charges in similar
crimes , for example : in the case of " premeditated
murder " that weighs higher / highs , placed first as the
primary charge . then to " intentional killing " the
lesser weight is placed on the subsidiary charges , etc.
for " maltreatment resulting in death " lower weight is
placed as a charge over the subsidiary .
placement of the primary charges , the subsidiary and
the subsidiary is intended so judges check beforehand
primary charges , and if proven, the indictment
charges primer sudah others do not need to be
proven , but if the primary charges are not proven then
the judge should examine the subsidiary charges and
so on .
CHAPTER IV? ABOUT CHECKING AND DECISIONS OF
THE COURT
Competency Criminal Court?
competence of criminal court or authority is often
referred to as a tribunal to prosecute the criminal case
against him. competence of the courts in theory be
divided into two parts, namely the absolute and
relative competence competence.

absolute competence
the authority of the court to hear the case based on
the level of other courts. levels of the court, as is
known so far is the court of first instance (PN) and
second level courts (PT and MA) while the types of
courts are general courts, military courts, the
Administrative Court and the Religious.
-on the basis of the level and type of court is the
authority of each trial was different from the other
artifacts that demonstrate some of the principles that
each authority.
First-principles: District Court (PN) authority to hear all
criminal cases that have been tried and have not
obtained the verdict
-The second principle: High Court (PT) authority to hear
cases that have been decided by the district court.
-The third principle: The Supreme Court (MA) authority
to hear criminal cases for which the appeal to him.
Relative competence
-relative competence of the authority of the court to
hear the case based on the law of their authority area.
jurisdiction of the district court is the district / city.
-relatively contained within the competence of the
principles for determining the prosecuting authority.
these principles can be found in the Code of Criminal
Procedure Article share which is as follows:
1. This principle can be found in Article 84 Criminal
Code , namely :
- District court has authority to hear all cases
concerning crimes committed in its jurisdiction.
- District court jurisdiction that the defendant resides ,
last dwelling , where he was found or detained , only
the defendant's authority to hear the case , if the
residence of most of the witnesses called closer to the
court than the seat of the district court in the local
crime was committed;
- if a defendant committed a crime in various areas of
law the district court , the district court tiu each
respective msing pidan authority to hear the case ;
- against several criminal cases to each other and
there sangkutpautnya done by the same person in
derah berbgi law courts, tried by the respective district
court msing opened the possibility of merging with the
provisions of
2. The second principle
in the Code of Criminal Procedure Article 85 This article
specifies that in the event of an area does not allow a
court to hear a case, the district court upon the
recommendation of the chairman or chief state
prosecutor is concerned, the Supreme Court suggested
to the minister of justice (the minister in charge if
there is no justice minister mislnya minister of justice
and Human Rights) to establish or designate another
court.
3. The third principle
determine that the court authority to hear criminal
cases committed abroad are central Jakarta district
court. it can be seen in the provisions of Article 86
Criminal Code which reads: if a person committing a
crime outside the country to be tried Menurt laws of
the Republic of Indonesia, the central Jakarta district
court judge authorized.
examination trial court :
Court tried the case investigation process can be done
by using three kinds of examination of the case
depends on the weight and the severity of his case ,
namely :
- Examination of the ordinary event ;
-short - examination of the event ;
-Event - examination by quickly .
Examination stage with regular events :
1 . phase summoning(panggilan)
2 . Stage reading of the indictment
3 . phase exception

4
5
6
7
8

.
.
.
.
.

evidentiary phase
Phase requisitoir / criminal prosecution
Phase Defense / defense
Phase replik / rejoinder
Phase verdict .

1. stage summon(panggilan)
when the case file is up to the court, the court
chairman menunjukhakim which will examine the case.
subsequently appointed judge sets the date for a
hearing and ordered the prosecutor general to
summon the accused and witnesses will be brought to
trial
Article 152 paragraph (2) Criminal Procedure Code?
? said that summoning the accused and witnesses
conducted by the public prosecutor with
suratpemanggilan legally, and must be received by the
defendant within a period of at least three days before
the trial begins. Furthermore, in Article 146 paragraph
(1.2) states that the summons contains the date, day
and time and what they are called to the case.
while according to the provisions of Article 145 of
the Criminal Procedure Code that the summons can
only be seen as legitimate if the summons
letter(((((CONT PPT 134))))
2.Stage reading of the indictment ? :
The presiding judge ordered the public prosecutor
to read the indictment , with the reading of the
indictment is the process of examination has begun .
Briefly the indictment must contain clearly about :
- Full name , place of birth , age or date of birth ,
religion and occupation suspects ;
- A brief description , clear and complete criminal acts
committed by the state the time and place of a
criminal act is done .
To be in the copy process is complete !
Brief examination of the event :
In principle similar to the regular event , just that
there are few differences , namely :
- The public prosecutor did not need to make an
indictment in writing ( with enough verbal )
- Decision of the judges wrote in heavy enough in a
judicial proceeding , and do not need to make such
decisions in general , ( this decision is legally
enforceable sidah )
Examination of the proceeding .
This way there is a difference with the two previous
events ;

Examination with rapid event is divided into two


according to the Criminal Procedure Code , namely :
- Examination of minor criminal offenses ( Tipiring )
yatu tndak punishable by criminal imprisonment and
three months or a fine of seven thousand five dollars
atus and mild contempt .
- Traffic Violations
- Investigators on the authority of the public
prosecutor, within three days of the completed
investigation report , confronts terakwa and if there is
evidence and witnesses are also presented ;
- Performed by a single judge
- Witness not mengucpakan oath , unless the judge
considers it necessary ;
- In the case of traffic violation cases there should be
no official report , pe , eriksaan can be done even if the
defendant is represented ole others .
verdict( putusn hakim)
Which must be contained in the judge's decision
(art. 197 Criminal Code)
- Head of the ruling reads : THE SAKE OF JUSTICE
BERASARKAN ONE ALMIGHTY GOD ;
- Name appropriately and generously , tmpat
disenfranchised , religion and belief defendant ;
- The charges , as set out in the indictment ;
- Consideration of the facts compiled in brief form
dperoleh evidence in the trial examination ;
- No criminal charges in the warrant ;
- Article legislation that became the basis of conviction
or action and the article that became the legal basis of
the decision with aggravating circumstances and
relieve
- Day and date of the holding of meetings of the judges
except the cases examined single judge ;
- Statement tedakwa error , the statement has met all
of the elements in the formulation of a criminal act ;
- Order that the accused be detained or remain in
custody or be released ;
- Day and date of the judgment , the name of the
prosecutor , judge and decide upon the name of the
clerk .
remedy (upaya hukum):
Ordinary legal action
appeal
cassation
Excellent legal remedy
Review (PK ) If there is new evidence ( Novum )