JAKARTA - Deputy Minister of Law (Wamenkum) Edward Omar Sharif Hiariej said that the defendant who declared a guilty plea (plea bargain) in a case, will still be tried.
"In the minds of people who like to protest and omon-omon are not clear, he thinks that the so-called confession of guilt is not tried. Wrong! This confession of guilt is still tried," he said in a socialization event for the Criminal Procedure Code at the Ministry of Law Building, Jakarta, Thursday, quoted by Antara.
Eddy, a nickname for Edward Omar Sharif Hiariej, explained that even though the defendant had confessed to his guilt, the legal process was still ongoing. The defendant will later face the judge at the trial.
"Later there will be a confession of guilt, the defendant will be confronted with the judge. It is stated before the judge that he has confessed his guilt. Therefore, the usual event in the examination is changed into a short event," he said.
"The consequence of this guilty plea is that the prosecutor will reduce the criminal charges," he said.
"So, if the persecution results in injuries, let's say (the sentence) is three years. Because I have confessed, I have compensated, the demand is no longer three years, but one year. So, it will still be processed," he said.
Previously, Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) or KUHAP was only signed by Prabowo Subianto as President of the Republic of Indonesia, and promulgated by Prasetyo Hadi as Minister of State Secretary, namely on December 17, 2025.
Based on Article 369 of the KUHP, the regulation has been in force since January 2, 2026.
Meanwhile, the provision for confession of guilt is regulated in Article 78 of the Criminal Procedure Code, which can only be applied with the requirement of having committed the crime for the first time, then the crime is threatened with a maximum of five years or a maximum fine of category V, and/or is willing to pay compensation or restitution.
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