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Group 1 Indonesia Police System 1
Group 1 Indonesia Police System 1
SYSTEM
Indonesian National Police (POLRI)
Japanese occupation
When the Japanese occupied Indonesia in March 1942, they applied
their Japanese Martial Law. This superseded all existing laws in
Indonesia at that time.
Present
Today, Indonesia’s legal system is based on Dutch Colonial Law, Adat
Law and National Law.
Criminal Procedure Code
Kitab Undang-Undang Hukum
Acara Pidana (KUHAP)
Chapter V - Arrest, Detention, Search of
the Person, House Entry, Seizure and
Examination of Documents
Chapter VI - The Suspect and The Accused
Chapter XVI - Examination at Trial
Chapter XVII - Ordinary Legal Remedies
Chapter XVIII - Extraordinary Legal
Remedies
Chapter XIV - Investigation
Chapter XIX - The Execution of Judgements
Criminal Trial Process in
Indonesia
The role of judges in the Indonesian criminal
justice system is to impose a proper
punishment on offenders based on a sufficient
means of legal proof. Judges are generally only
involved in the trial proceedings.
When a judge receives a Bill of Indictment
from the Public Prosecutor, he will determine
a trial date and order the latter to summon the
accused and witnesses to attend the trial.
During the trial proceedings, the judge is
obliged to ensure that the defendant or
witness remains free to answer the questions
posed. If the judge fails to do so, his decision
will be annulled.
At the end of the trial proceedings, the judge can
only convict a person if he has at least two pieces
of legal evidence supporting the conviction. Based
on the evidence presented, the judge can punish,
acquit or dismiss the charges against the accused.
If the accused is convicted and he is sentenced to
a punishment that deprives him of his liberty, the
judge will assist the head judge to supervise the
execution of the punishment.
The Public Prosecution Service of Indonesia is the
only agency that has state powers to prosecute
offenders. As such, there is no private prosecution
in the Indonesian criminal justice system.
.
Prosecutors are involved in the whole trial
process, from the investigations, to trial
proceedings and the execution of
punishment. At the investigation stage, the
prosecutor supervises the police’s
investigations. The prosecutor only personally
investigates cases when there are special
crimes, such as corruption
Legal protections for the accused
Rights to counsel
A suspect has a right to obtain legal assistance from one or
more legal counsels at every stage of the examination. At the
start of the investigations, the police will inform the suspect
of his right to receive legal assistance during examination at
trial.
If the suspect does not have legal assistance, he will receive
free legal aid if he faces the death penalty, or imprisonment of
fifteen years or more. The suspect will also receive free legal
aid if he is destitute and faces imprisonment of five year or
more.
Once the suspect obtains legal assistance, the counsel has a
right to contact him from the moment he is arrested or
detained. The counsel also has a right to be present at, and
listen to, interrogations. This ensures that the police do not
carry out unfair interrogation techniques.
ORGANIZATION
The organization of the Indonesian National Police is
hierarchical, culminating on the general headquarters
in Kebayoran Baru. Below are the four (4) hierarchical police
headquarters throughout Indonesia:
https://en.wikipedia.org/wiki/Indonesian_criminal_procedure
https://en.wikipedia.org/wiki/Law_enforcement_in_Indonesia?
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