Examples Of Criminal Procedural Law Cases And Their Analysis That Occurred In Indonesia

Illustration of a judge's hammer (Unsplash/Tingey Injury Law Firm)

JAKARTA - This article will discuss examples of criminal procedural law cases and their analysis that occurred in Indonesia. Previously, let us understand the meaning of criminal procedural law itself.

Criminal procedural law has a narrow scope, starting from the process of seeking the truth, investigating, investigating, and ending with the process of implementing court decisions by prosecutors.

The Indonesian Prosecutors' Education and Training Agency wrote that the formation of the Criminal Procedure Code made codification and unification more complete and comprehensive in the initial criminal process of truth seeking to the level of cassation in the Supreme Court - even allowing for herziening.

Nevertheless, criminal procedural law has several things that must be adapted to the conditions of the times, including those related to the theory, principles and stages in criminal procedural law.

Definition of Criminal Procedure Law

Even though they have the same function, the mention of criminal procedural law varies between countries. In the Netherlands, the criminal procedure law is referred to as strafvordering.

Then in England, the criminal procedure law is called criminal procedure law, in the United States it is called criminal procedure rules, and in France it is called the code d 'instruction criminille.

Andi Hamzah (based on the definition from JM van Bemmelen) explained that the definition of criminal procedural law is rules created by the state because of several violations of the criminal law.

Meanwhile, Prof. Dr. Wirjono Prodjodikoro (former Chief Justice of the Indonesian Supreme Court) explained that criminal procedural law is a series of rules in which the police, prosecutors and courts act to enforce criminal law.

Thus, the criminal procedural law can be concluded as a series of rules made by the state on the basis of laws and giving authority to law enforcement officials.

The purpose of establishing a criminal procedural law is to carry out investigations, prosecutions and impose crimes against perpetrators of criminal acts.

Stages of Criminal Procedure Law

1. Investigation

2. Investigation

3. Prosecution

4. Examination at the Court

5. Legal Remedies

6. Court decisions

Examples of cases of Criminal Procedure Law and the Practice of Its Application in Case Handling 1. Application of Criminal Procedure Law in the Investigation Stage

The first stage in criminal procedural law is an investigation which is a series of actions to find and try to find the perpetrator of a criminal act.

Investigation is also the determinant of whether a suspected criminal act can be carried out or not, as stipulated in law. Thus, an investigation cannot be separated from an investigation.

Investigation is a sub-function of an investigation that precedes several other actions. In other words, an investigation is determining whether an event (suspected of being a criminal act) can be brought to the level of investigation or not.

Examples of Investigative Cases

In legal cases, investigators have obligations that are regulated in law, including seeking information and evidence and dismissing suspected persons and checking their identities.

For example, an investigator stops a motorist on the highway but the person who is suspected of not wanting to be secured, the investigator can arrest him to be handed over to the investigator.

2. Implementation of Criminal Procedure Law at the Investigation Stage

Investigation is a series of procedures laid down in law to find all evidence related to existing crimes. In addition, investigations also aim to find suspects.

Various Kinds of Investigators in Criminal Cases in Indonesia

1. Police Officers

2. Certain Civil Servants (PNS)

3. Assistant Investigator

4. Indonesian Navy Officers (criminal acts in ZEEI and Fisheries)

5. Attorney General's Office (criminal acts of corruption and gross human rights violations)

6. KPK investigators (for corruption or corruption)

Examples of Investigative Cases

Investigators arrested a suspect who was suspected of committing a criminal act, but that person fought back and endangered the investigator's safety.

If such resistance occurs, the investigator has the authority to incapacitate the suspect. For example, an investigator can shoot in the leg or other body part (aiming to incapacitate) if a warning shot has been given but the suspect does not comply.

Another example is the case of investigation and the verdict is in the case of a crowd that was indicted against Rizieq Shihab. VOI once wrote it in the title Rizieq Shihab, Becomes a Suspect in the Megamendung Crowd Case.

3. Application of Criminal Procedure Law in the Pre-Prosecution and Prosecution Stage

At the pre-prosecution stage, the public prosecutor has the authority to examine and examine the case files of the investigators. If the case file is incomplete, the public prosecutor can return it to the investigator along with instructions to complete it.

Pre-prosecution is a horizontal legal relationship in an integrated criminal justice system which is then followed up with prosecution.

Prosecution is an action taken by a public prosecutor in order to delegate a criminal case to an authorized district court.

Thus, prosecution is a method that is regulated in law and after being examined can be decided by a judge in a court session.

4. Preparation of Indictment

The Inlandich Reglement (IR-1848) explains that the indictment is all written accusations and states all circumstances that have preceded, accompanied and followed the actions of the accused.

If an examination has been carried out and the court process has been completed, then deliberation regarding the defendant's guilt will be based on the indictment.

Thus, an indictment is a letter or deed which formulates a criminal offense aimed at the defendant. This letter also becomes the basis and basis for examination in court proceedings.

Sample Indictment

Example of a dakwan letter. (Photo: Kejaksaan.go.id)

5. Application of Criminal Procedure Law at the Legal Effort Stage

There are several legal remedies in the application of criminal procedural law consisting of arrest, detention, search, confiscation, examination and pretrial.

However, if there is a legal remedy in a court decision (panel of judges) that is given to the defendant and makes him not satisfied that there is a verdict, then the defendant or convict can take legal remedies.

As stated in article 1 point 12 of the Criminal Procedure Code, it is that a defendant or prosecutor has a general right not to accept a court decision.

Thus, an appeal or cassation is the right of the convict to submit a request for reconsideration. This is because the appeal has been regulated in the applicable law.

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