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Justice
Process in Indonesia
After Bali Travel News (BTN) carried the
headline on Corby in the last edition, we
received an international call from Australia
(Tasmanian Radio). The caller expounded
the opinions of the Australian community
that was concerned toward the process of
justice in Indonesia, especially on the
handling of drugs cases.
She urged that Corby be released. “Unless
she is released, Indonesia (Bali) will be
boycotted by travel agents, and as a consequence
there will be no travelers from the kangaroo
country to visiting Bali, “ she said.
According to I Made Suraatmaja, Public Relation
Officer of the Denpasar Court, pursuant
to the Law No. 8/1981 on Criminal Code,
in general, there are steps of process of
justice in Indonesia. Started by the investigation
process, namely initial process that is
carried out by police officers. “In
this process, it would find out the indication
of crime, either in the form of public reports
or direct finding by police about the indication
of crime,” he said to BTN on Monday
(9/5).
When the evidence is considered adequate,
the police authority has the right to arrest
the suspect for 48 hours (2 X 24 hours).
The police have also the right to arrest
the suspect for 20 days for investigation
when the initial evidence is sufficient.
Should the investigation process not be
complete within the 20 days, it can be extended
for 30 days. And, if the investigation during
50 days has not been completed, the suspect
will be released on behalf of the law and
the authority should set the suspect free
from jail on behalf of the law.
Having completed, the files of the case
along with evidence, the suspect will be
forwarded to the District Attorney for accusatorial
procedure and prosecution. When the prosecuting
attorney has finished preparing the case
procedure, the case, evidence and the accused
is handed over to Court in First Instance.
“When handing over to the court, the
authority and arrest come to be the responsibility
of judging council for 30 days. If within
30 days it has not completed, it can be
extended by head of the court for 60 days,”
he explained.
Judging council examines the procedures
that have been made for a week. Then, determine
the session day, arrest extension if the
accused is under arrest. When the session
day has been decided, judging council will
request the prosecuting attorney to present
at the court session and concurrently bring
the accused.
During the court session, the accused has
the right to respond and deliver rejection/
acceptation or not. If the accused does
so, the session will be delayed to give
the opportunity to the accused to prepare
rejection/acceptation procedure for one
week. If the accused does not deliver his
rejection/acceptation, the session will
be continued by presenting the witnesses.
The first witness is the victim, then followed
by other witnesses and finally, the accused
is interrogated. After doing this, the accused
is given the opportunity to propose or not
the alleviating witness. If he / she proposes,
the witness should be examined.
Afterwards, the prosecuting attorney puts
forward the criminal prosecution on what
has been proved at the court session based
on the conclusion and explanation of witnesses,
evidences and admittance of the accused.
Following the prosecution, the accused has
the right to propose a defense.
Judging council then makes the decision
whether the prosecuting attorney can prove
its prosecution or not. If it does, the
accused will be charged in accordance with
the prevailing article of law and if not,
the accused should be released. If the accused
feels unable to accept the decision, he/she
has the right to propose an application
for judicial examination by High Court.
If the accused is not satisfied with decision
of High Court, he/she has the right to appeal
to Supreme Court of Justice. Then, it still
has the last right to appeal for review
if it rejects the decision of Supreme Court
of Justice. Similar procedure is also valid
if the judge council finds the accused innocent.
The prosecuting attorney has the right as
well to propose a last appeal to Supreme
Court of Justice within one week and so
goes on up to review.
(BTN/BP/Para)
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