Prosecution by FD 1

Pre Prosecution and Pre Prosecution and ProsecutionProsecution

2

PPreliminary Prosecutionreliminary Prosecution

Why there is pre-prosecution? Why there is pre-prosecution? • Compartment system in Indonesia Compartment system in Indonesia

= Investigation conducted by = Investigation conducted by Investigator/Police, and Investigator/Police, and Prosecution by General AttorneyProsecution by General Attorney

• Common Law: prevail UU Common Law: prevail UU

Magistrate Law or special Magistrate Law or special

section section

Lawyer in Commonl Law =Lawyer in Commonl Law =

District Attorney or District Attorney or

Investigators. Investigators.

Pre ProsecutionPre Prosecution

Definition in HIR System: Definition in HIR System:

Judges = Sitting Magistrate= Judges = Sitting Magistrate= JudicativeJudicative

DA = Standing Magistrate = DA = Standing Magistrate = represent the State = Executive?represent the State = Executive?

Police= Algemene Politie (under the Police= Algemene Politie (under the DA), Bestuur Politie (under the DA), Bestuur Politie (under the District Government), Staats Politie District Government), Staats Politie (State Police), Special Police.(State Police), Special Police.

Prosecution by FD 3

Competency who Competency who conduct Prosecution conduct Prosecution

Investigative Attorney= Jaksa peneliti = Investigative Attorney= Jaksa peneliti = “P16 attorney”. Examine the completion “P16 attorney”. Examine the completion of dossier (investigative minutes).  of dossier (investigative minutes). 

france = judge d'instruction. “Form P19”= france = judge d'instruction. “Form P19”= requested by DA to complete the dossier. requested by DA to complete the dossier.

Complete dossier = Form P-21.Complete dossier = Form P-21. Universal System = should be investigated Universal System = should be investigated

by special Magistrate/Court, or at least by by special Magistrate/Court, or at least by Head of General Attorney.Head of General Attorney.

Prosecution by FD 4

Prosecution by FD 5

Pre Prosecution (1)Pre Prosecution (1)

Definition: Not stated in CP Definition: Not stated in CP Code (Art.14 B). See Code (Art.14 B). See Procedure: Art.110 and Procedure: Art.110 and 138138

Term of Pre Trial in Term of Pre Trial in

Common Law System = Common Law System = Pre Adjudication in Pre Adjudication in continental Law systemcontinental Law system

Prosecution by FD 6

Terms

Term of Suspect: Used since Investigation session up to Pre Adjudication Session.

Term of Accused: Used In Trial Term of Convicted: Used since there is

final and binding verdict.

Prosecution by FD 7

ProcedureProcedure

Two Steps of Pre Two Steps of Pre Prosecution Prosecution (Art. (Art. 8 (3) CP Code:8 (3) CP Code:

1. Step 1: Submission of dossier of 1. Step 1: Submission of dossier of

Case if its stated complete –or Case if its stated complete –or

P21– Step 2)P21– Step 2)

2. Step 2: Responsibility of 2. Step 2: Responsibility of Physical Physical

Evidences and the Suspect (s).Evidences and the Suspect (s).

     

Prosecution by FD 8

Completion of Completion of DossierDossier::

Terms of Completion :Terms of Completion :

1. Formil: Authorized official? 1. Formil: Authorized official?

Arrest, Detention, Search Arrest, Detention, Search and and

Seizure according to Rule? Seizure according to Rule?

Right ID? Complaint/Report? Right ID? Complaint/Report?

Evidence? Evidence?

Prosecution by FD 9

Material Completion:Material Completion:

Offense?Offense? Minimum Evidence? Minimum Evidence? Ommission?Ommission? Tempus Delicti?Tempus Delicti? Locus Delicti? Locus Delicti?

Prosecution by FD 10

PROSECUTION PROSECUTION (1)(1)

Definition: Art. 1: 7 Definition: Art. 1: 7

Competency: Competency:

1. CP Code: Art. 13 jo. 1371. CP Code: Art. 13 jo. 137

a. Public Prosecutor (PP)a. Public Prosecutor (PP)

b. Investigator under the power b. Investigator under the power

of PP: Art. Ps. 205 of PP: Art. Ps. 205   

Prosecution by FD 11

Competency Competency (2)(2)

2. Non CP Code: 2. Non CP Code:

a. Human Right Crime: PP Ad a. Human Right Crime: PP Ad

Hoc (Non Career and Career Hoc (Non Career and Career

PP)PP)

b. Corrupction Crime: Dual b. Corrupction Crime: Dual

MethodMethod

Prosecution by FD 12

Dual Method in Corruption Dual Method in Corruption Crime: Crime:

I II

Investigation Police Investigator/Public Attorney

Investigator at KPK (Corruption Eradication

Commission)

Prosecution Public Prosecutor Prosecutor at KPK

Trial District Court Corruption Crime Court.

Prosecution by FD 13

AUTHORITIES of ProsecutorAUTHORITIES of Prosecutor

Art. 13: Public Prosecutor is a Art. 13: Public Prosecutor is a public attorney conducting public attorney conducting prosecution and execute the ruling prosecution and execute the ruling of the judge.of the judge.

See Art. 14 CP CodeSee Art. 14 CP Code: :

a. Examine the dossier submitted by a. Examine the dossier submitted by

investigator (1investigator (1stst Session of Pre Session of Pre

Adjudication- See Also Art.138)Adjudication- See Also Art.138)

Prosecution by FD 14

Authorities (2)

b. Conduct Pre Prosecution (1st Session of Pre Adjudication – See also Art.138-139 CP code)

c. Grant extension of detention, carry out detention or further detention, change the status of detainee (See Detention)

d. Prepare bills of indictment (Most important authority- See Art. 140 (1) & 143 (1) CP code)

e. Bring action before the court (see Art. 1 para 7 CP code)

f. Give notification

Prosecution by FD 15

Authorities (3)

g. To conduct a prosecution (see art.1 para 7 and Art.137 CP code)h. To close a case in the interest of Law

(for the reasons of: insufficient evidence, complaint offense – See Art.183, See Penal Code Art.76, 77, 78, if the event is not regarded as an offense/crime – See Art.140 (2) CP Code).

i. To execute rulings of a judge

Prosecution by FD 16

Authorities (4)

i. To execute rulings of a judge

Court Judgement: 1. Verdict: execute by Public

Attorney 2. Ruling: execute by Public

Prosecutor