Sequencing The Criminal Trial Process; The Defendant Has The Right To Apply For Legal Appeals

Illustration of the criminal court process (Unsplash / Bugdaryan Flat)

YOGYAKARTA - Monday, October 17, the South Jakarta District Court (PN) held Ferdy Sambo Cs' first trial for the premeditated murder of Brigadier Nofriansyah Yosua Hutabarat or Brigadier J.

The agenda of Ferdy Sambo's first trial was the reading of the indictment of a premeditated murder case. In this case as many as five people were named as suspects, namely Ferdy Sambo, Rhicard Comment Bharada E, Bripka Ricky Rizal, Strong Maaruf, and Putri Candrawathi. They are suspected of Article 340 subsidiary 338 of the Criminal Code in conjunction with Article 55 paragraph 1 and Article 56 of the Criminal Code.

Wahyu Iman Santoso, deputy chairman of the South Jakarta District Court, became chairman of the panel of judges who led the trial. Two of the member judges, namely Alimin Ribut Sijono and Morgan Simanjuntak. Wahyu Iman opened the trial by asking the defendant Ferdy Sambo's health and checking the identity data of the defendant.

The criminal justice process starts from the examination, investigation, to continuing to the criminal trial. The criminal trial was carried out to decide the status of the defendant related to the correct and wrong proof in the legal process.

The criminal trial was carried out after the case had entered the court. The court chairman then appointed the judge in charge of leading the trial. The judge has the right to determine the day of the trial.

Proses atau tataran dalam persidangan pindana diatur dalam Kitab Undang-undang Hukum Acara Pidana (KUHAP). Proses tahapan persidangan pidana di Pengadilan Negeri yakni sebagai berikut.

The presiding judge accompanied by two member judges summoned the defendant for a case examination. The inaugural trial began when all members (the defendant, the Public Prosecutor, witnesses, legal advisors) were present.

The trial was declared open and open to the public (unless certain cases were declared closed to the public).

The Public Prosecutor was ordered to appear the defendant in the future in a state of freedom.

The defendant was examined and asked by the Panel of Judges whether he had received a copy of the indictment. The defendant was asked by the Panel of Judges whether he was in good health and ready to be examined before the trial (if he stated he was willing and ready, then the trial was continued).

The defendant was then asked whether he would be accompanied by a legal advisor (if accompanied by whether to bring him himself, if he did not bring / appoint himself, then Majleis Hakim would appoint a legal advisor in case the defendant was threatened with five years imprisonment or more (article 56 KUHAP paragraph (1));

Then the Panel of Judges ordered the Public Prosecutor to read out the indictment. After reading the indictment, the defendant was asked if he understood and would file an exception.

In the defendant or through his legal advisor to propose an exception, he was given the opportunity to draft an exception / objection and then the Panel of Judges postponed the trial.

After the reading of the defendant's exception, it was followed by the Public Prosecutor's response to the exception.

Furthermore, the Panel of Judges read out the interim decision.

If the exception is rejected, the trial will continue with the main examination of the case (evidence).

The examination of witnesses submitted by the Public Prosecutor (started from the victim witness). Followed by other witnesses. If there are witnesses who are mitigating, they will also be examined, expert witnesses from Witness/expert.

Then proceed with the examination of the defendant.

After the evidentiary program was declared complete, then continued with the Public Prosecutor's prayer program (requisitoir).

Then proceed with the defense (pledoi) by the defendant or through his legal advisor; the defendant's efforts responded to the prosecutor's demands. The memorandum of defense also shows evidence that is useful in mitigating the defendant.

The prosecutor's answer or response was related to the defendant's plea or memorandum of defense.

The answer of the defendant was related to the prosecutor's answer to the replica.

The panel of judges handed down a verdict to the defendant based on the process of proof and answer-to-be completed. The punishment is based on the Criminal Code and laws outside the Criminal Code.

The Defendant has the right to apply for a Banding

If the defendant objects to the judge's decision, then the defendant has the right to take legal action to file an appeal in court level two. If the defendant again suffers defeat in court two, then it can be continued with a judicial review (PK) effort at the Supreme Court.

That is the criminal court process at the District Court and its stages. The criminal trial process takes place at different times in each case court. The length of the process is between 1 to 3 months, and can take up to 5 months at any time.

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