1. Introduction CRIMINAL PROCEDURE LAW
Flora Dianti, SH, MH.

2. TODAY’S INTRODUCTION HOW TO PASS? RULES? LECTURING PROGRAM
TERMS/DEFINITION
CRIMINAL PROCESS
IN BRIEF

3. INTRODUCTION HOW TO PASS THIS SUBJECT? PRESENCE 10% ASSIGNMENTS 15%
MID TERM TEST 35%
FINAL TEST 40%
( )
Passing Grade: Min. 55.
ALTERNATIF: KUIZ OR PRESENTATION
LATE TOLERANCE FOR THE MAX OF 30 MIN.

4. Lecturing Program Lecturing Program = Students’ Assignments
Conditions:
- submitted on time
Handwritings
Min 3 references (excl. ACT)
on Folio paper
Make copy for your evidence

5. Definition, concept, principles crimin al procedure in brief
Flora Dianti, SH, MH.

6. Definition CP Code define the Procedure
the act, method, or manner of proceeding in some action; esp., the sequence of steps to be followed
a particular course of action or way of doing something
the established way of carrying on the business of a legislature, law court, etc.
Criminal Procedure:
The process by which the government imposes penalties for criminal behavior through the devices of arrest, trial, and punishment of the convicted criminal

7. CONCEPT AND PRINCIPLES
Common law and Civil Law = two primary legal system. (Note: civil law vs criminal law)
Crime-control model and due process model
Inquisitorial and accusatorial
Non-Adversary and Adversarial
Indonesia Criminal Procedure Code (KUHAP):
equality before the law; presumption of innocence; remedy and rehabilitation, fair, impartial, impersonal and objective; legal assitance; presensi; open trial; etc

8. Law System Civil Law System Common Law System
Origin in Holy Roman Empire
Common in Continental Europe and its former colonies
Inquisitorial
Judge as expert:investigates case, reads and applies existing statues as thought fit
Law applied general – specific. Individual case is subject to statutes & is not precedential.
Presumes the state to be sensible
Favors predictability over flexibility
Origin in 12th Century england
Common in English-speaking countries & former BC
Adversarial
Judge as arbiter:reads, interprets existing law, incl. That established by prior cases, but also creates new law.
Law applied specific – general. Precedent.
Relies on common sense
Flexible & generally predictable

9. Criminal Procedure System
Inquisitorial
Adversarial
Mostly in civil law system/ Eropa Continental .
Prosecutor has authority to prove the charge
A trial judge or goup of judges directly investigates a case and questions litigants.
No plead bargain / non jury system
Mostly in common law nations
Two sides: typically represented by expert advocates, argue their positions to the court.
A Trial judge does not have power to investigate a case directly and usually questions witnesses only when there is a need to clarify confusing testimony.
Plead bargain / jury system
Two parties who will be contested.

10. CRIMINAL PROCEDURE Legal Event Preliminary Investigation
Pre-Prosecution & Prosecution
(Pre Trial)
Hearing/Trial Examination
Court Judgment
Legal Remedies
Execution
Supervision & Observation

11. ORDINARY EXAMINATION PROCEDURES
Read out Indictment
Exception/
Objection
Respond of Exceptie (State Iris Opinion)
Interlocutary Decision
Evidence Hearing
Requisitory Charges
Legal Defenses
Replies to defenses (Replication & Rejoinder
Court Judgment

12. GROUND LAW OF CRIMINAL PROCEDURE LAW
Law No.8 /1981
CRIMINAL PROCEDURE CODE
(KUHAP)
LAW ENFORCEMENT ACT”
LAW 2002:2 POLICE STATE
LAW2004:16 GENERAL ATTORNEY
LAW 2009: 48 ; JUDICIAL POWER
LAW 2009:3: SUPREME COURT
LAW 2004:5: GENERAL COURT
LAW STATE OFFICER
Substansial LAW
LAW 2000:26 Pengadilan HAM
UU 2002:30 KPK
UU 2009:46 CORRUPTION COURT
UU 1997:3 JUVENILE COURT
UU 2009:22 TRAFFIC AND LAND TRANSPORTATION
UU 2003:15 Terorism Eradication
UU 2004:31 FISHERY
CRIMINAL
PROCEDURE
LAW
SPECIFIC LAW
GOV REGULATION, mis : PP No.27 Tahun 1983
SUPREME COURT CIRCULAR LETTER (SEMA)
HEAD OF POLICE DECISION
GENERAL ATTORNEY DECISION
LAW MINISTRY DECISION
LAW MINISTRY REGULATION
OTHER REGULATION

13. Petition for Postponement of Detention with/without Bailout
3. CRIMINAL JUSTICE SYSTEM FROM FREE MAN BECAME THE CONVICTED MAN. Courtesy of LMPP
Arrest & Detention
Pra-P
SPDP
EVIDENCES
Preliminary evidence?
Arrest, Detention, dll
BAP
Indictment
PLEA
Verdict
SUPERVISION & OBSERVATION IN THE EXECUTION
Authority
Authority
Public
Prosecutor
Examinating Judges
Pre/Investigator
Investigator DA
(1) Free man
(2)Evidence
(3) Suspect
(4) Accused
(5)Convicted
Rights
Legal Event
Right
Right
Exception
Pre Trial
Exceptie
Defense Plea
Remisi, Asimilasi & Probation
Petition for Postponement of Detention with/without Bailout
Post-Ajudication Legal Remedy or plea Guilty and accept the punishment
Pre-Ajudication
Ajudication

14. Substantive & procedure criminal law
Substantive Criminal Law.
Formal/ Criminal ProcedureLaw
Substantive Criminal Law :
The overall rule of law which suggests that the act will be subject to criminal sanctions.

15. Substantive & procedure criminal law
Formal/Procedure Criminal Law :
Governing how state officials the right to penalize conduct and impose criminal sanction

16. The objectives (goa)l of Criminal PROCEDURE Law
is to seek and obtain or at least approach the material truth.
Material Truth :
Material truth is the truth as complete of a criminal case denganmenerapkan provisions of criminal procedural law in a fair and
person charged was to blame.

17. The objectives (goa)l of Criminal PROCEDURE Law
appropriate in order to find who the perpetrator can be charged with committing an offense of criminal law, and then ask for examination and decision of the court to find whether proved that a criminal act has been done and whether the person charged was to blame.

18. LAW NUMBER 8 OF 1981 CRIMINAL PROCEDURE CRIMINAL REPORT
INVESTIGATION BY THE POLICE
PROSECUTION BY THE PUBLIC PROSECUTOR
COURT TRIAL (DISTRICT COURT)
APPELLATE
ACTION
(HIGH COURT AND/OR SUPREME COURT)
EXECUTION OF
JUDGMENT
Witness /suspect interrogations and evidences gathering

19. LAW NUMBER 8 OF 1981 COURT TRIAL PROCEDURE DEFENCE / Pleidoi JUDGMENT
LETTER OF
INDICTMENT
EVIDENCE HEARING
REQUISITOR/LEGAL CHARGES
DEFENCE / Pleidoi
JUDGMENT
OBJECTION ON FORMALITIES
Eksepsi as stated on 156 (1) KUHAP
REPLY /
COUNTERPLEA
Judge’s Deliberation
REJOINDER
REPLY AGAINST OBJECTION
OVERRULED
INTERLOCUTORY JUDGMENT
GRANTED

20. Criminal report Definition(Article 1 point 24 )
A criminal report is a notification of a crime committed or commencing or about to be committed conveyed by someone whether by his/her rights or obligations to the authorized official.

21. 2. INVESTIGATION Definition (Article 1 point 2)
Investigation is a series of acts by an investigator by means regulated in the Law to seek and gather evidence with which to clarify whether a criminal offence has occurred and to locate the suspect.
Investigator (Article 1 point 1)
Investigator is an official of the State Police of the Republic of Indonesia or civic officer granted special authority to conduct an investigation.

22. INVESTIGATION Authority of Investigator (Article 7 paragraph 1)
to accept a report or complaint from a person about the existence of a criminal offence;
to isolate the crime scene;
to order a suspected person to stop and to ask for and inspect his/her identification;
to arrest, detain, search and confiscate;
to inspect and seize documents;
to fingerprint and photograph a person;
to summon a person to be interrogated as witness or suspect;
to employ the service of an expert in relation to the case;
to close the investigation;
to take other actions in accordance with the Law.

23. 3. PROSECUTION Definition (Article 1 point 7)
Prosecution is an act of the public prosecutor to bring a criminal action before a competent district court in matters and by means regulated in the Law with the plea that it be heard and decided upon by judge within a trial.
Prosecutor (Article 1 point 6b)
Public prosecutor is a public attorney granted authority by the Law to conduct a prosecution and to execute the rulings of the judge.

24. 4. COURT TRIAL Letter of Indictment (Article 155 paragraph 2)
- Objection of Formalities (Article 156 paragraph 1)
- Reply Against Objection (Article 156 paragraph 1)
- Interlocutory Judgment (Article 156 )

25. Defendant’s Testimony
COURT TRIAL
Cross Examination (article 159)
Witness testimonials
- Definition of Witness (Article 1 point 26)
Witness is a person who can testify an event related to criminal case, which he/she has heard, seen or experienced for purposes investigation, prosecution, and adjudication of case.
- Witness testimonials are one of the means of proof in a criminal case which takes the form of information from a witness concerning a crime he/she heard, seen or experienced. (Article 1 point 27)
Expert’s Opinion
Expert’s opinion is information provided by a person who has special expertise on matters required to elucidate a criminal case for the purpose of examination (Article 1 point 28).
Defendant’s Testimony
Defendant is a suspect who is charged, examined, and adjudicated at trial. (Article 1 point 15)

26. COURT TRIAL Legal Charges (article 182 paragraph 1a)
Defence (article 182 paragraph 1b)
Judgment (article 182 paragraph 8)

27. 5. APPELLATE ACTION Definition (Article 1 point 12)
Appellate Action is the right of an accused or a public prosecutor to reject the court judgment by contesting or appeal or appealed to supreme of court or the right of a convicted person to submit a request for review in matters and by means regulated in this law.
Appellate Action constitutes of :
- Ordinary Appellate Action
filed before the judgment is final and binding
- Extraordinary Appellate Action
filed after the judgment is final and binding

28. APPELLATE ACTION Ordinary Appellate Action
1. High Court Appeal (Article 233)
- Appeal against district court judgment other than not guilty verdict
- Time barred 7 (seven) days after the judgment is duly notified to the Defendant
2. Supreme Court Appeal (Cassation) (Article 244)
- Appeal against judgment passed by any court lower than the Supreme Court
- Time barred 14 (days) after the judgment is duly notified to the Defendant
- The Public Prosecutor may file Cassation against judgment with not guilty verdict

29. APPELLATE ACTION 1. Cassation for the interest of law (Article 259)
Extraordinary Appellate Action
1. Cassation for the interest of law (Article 259)
- Filed by the General Attorney
- May only be submitted once for each case
2. Reconsideration (Article 263)
Filed by the convicted or his/her heir on the following the basis:
a. discovery of new material facts
b. contradiction of facts which were used as grounds for judgment
c. real and proven judgment error

30. 6. EXECUTION OF JUDGMENT Executor
Public Attorney is an official who is granted authority by the Law to act as a public prosecutor and to execute a court judgment which has become final and binding (Article 1 point 6a).
Supervison and Observation in the Execution of Judgments
In every court there must be a judge who is given special duty for assisting the chairperson of the court in supervising and observing criminal judgments (Article 277).

32. Next assignment: RESUME Preliminary investigation & investigation