Law on Procedural Law (KUHAP)

Type: LAW (UU)

By: PRESIDENT OF THE REPUBLIC OF INDONESIA

Number: 8 YEAR 1981 (8/1981)

Date: DECEMBER 31, 1981 (JAKARTA)

Reference: LN 1981/76; TLN NO. 3209

Title: CRIMINAL PROCEDURE

WITH THE BLESSINGS OF GOD ALMIGHTYTHE PRESIDENT OF THE REPUBLIC OF INDONESIA,

CONSIDERING:

a. whereas the state of the Republic of Indonesia is a nation governed by law based on Pancasila (State Philosophy) and the 1945 Constitution which uphold human rights and guarantee that all citizens have equal status under the law and the government and must respect the law and the government without any exception;

b. whereas for the sake of development in the field of law as set forth in the Broad Outlines of State Policy (Stipulation of the People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/1978) it is necessary to undertake efforts to improve and perfect the development of national law by reforming the codification and unification of the laws in the framework of actual implementation of the Archipelagic Concept;

c. whereas such development of national law in the field of criminal procedure calls for the society to observe their rights and obligations and for the improvement in fostering the attitudes of law enforcement officials in accordance with their respective functions and authorities aimed at the upholding of law, justice and protection of dignity and integrity of mankind, order and legal certainty to ensure the operation of a nation governed by law in accordance with the 1945 Constitution;

d. whereas the criminal procedure as set forth in Het Herziene lnlandsch Reglement (Staatsblad Year 1941 Number 44) in connection with and Law Number 1 Drt. Year 1951 (State Gazette Year 1951 Number 9, Supplement to State Gazette Number 81) and all implementation regulations thereof and the provisions set forth in other legislations insofar as regarding the criminal procedure are no longer compatible with the objectives of national law and therefore must be revoked;

e. whereas therefore it is necessary to enact a law regarding the criminal procedure for the administration of justice in the courts of law within the public judicature and the Supreme Court by regulating the rights and obligations of the persons involved in the criminal proceedings, in such a way as to lay the main foundation for a nation governed by law.

In view of:

1. Article 5 paragraph (1), Article 20 paragraph (1) and Article 27 paragraph (1) of the 1945 Constitution;

2. Stipulation of the People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/1978;

3. Law Number 14 Year 1970 regarding the Basic Provisions on Judiciary Authorities (State Gazette Year 1970 Number 74, Supplement to the State Gazette Number 2951).

WITH THE APPROVAL OF THE PEOPLE'S REPRESENTATIVE ASSEMBLY OF THE REPUBLIC OF INDONESIA

HAS DECIDED:By revoking:

1. Het Herziene Inlandsch Reglement (Staatsblad Year 1941 Number 44) in connection with and Law Number 1 Drt. Year 1951 (State Gazette Year 1951 Number 9, Supplement to State Gazette Number 81) and all implementation regulations thereof;

2. Provisions stipulated in other laws and regulations; to the extent of those provisions stated in points 1 and 2 insofar as regarding the criminal procedure.

TO STIPULATE:LAW REGARDING CRIMINAL PROCEDURE

CHAPTER 1GENERAL PROVISIONS

Article 1

Referred to in this law as:

1. Investigator shall be an officer of the police force of the Republic of Indonesia or a certain civil service official who is granted a special authority by the law to conduct an investigation.

2. Investigation shall be a series of actions conducted by an investigator in matters and according to the procedure as regulated hereunder to seek and gather evidence to clarify whether a criminal act has occurred and to locate the suspect(s).

3. Assistant investigator shall be an officer of the police force of the Republic of Indonesia who, by virtue of certain authority vested in him/her, may carry out investigative tasks as regulated hereunder.

4. Inquirer shall be an officer of the police force of the Republic of Indonesia who is granted an authority hereunder to perform an inquiry.

5. Inquiry shall be a series of actions conducted by an inquirer to seek and to find an event presumed to be a criminal act in order to determine whether or not an investigation can be carried out, according to the procedure as regulated hereunder.

6. a. Public attorney shall be an official who is granted an authority hereunder to act as a public prosecutor and to execute court decision having obtained permanent legal force.

b. Public prosecutor shall be a public attorney who is granted an authority hereunder to conduct a prosecution and to execute the judge stipulations.

7. Prosecution shall be an action of a public prosecutor to bring criminal cases before a competent district court in matters and according to the procedure as regulated hereunder to be heard and decided upon by the judge in a hearing.

8. Judge shall be an official of the state judiciary who is granted an authority hereunder to adjudicate legal cases.

9. To adjudicate shall be a series of actions conducted by a judge to receive, hear and decide upon criminal cases based on the principles of independence, honesty and impartiality in a court hearing in matters and according to the procedure as regulated hereunder.

10. Pretrial Hearing shall be the authority of district court to hear and make decisions according to the procedure as regulated hereunder, with regard to:

a. legality of an arrest and or a detention upon the request of the suspect or his family or other parties based on a power of attorney given by the suspect;

b. legality of a cessation of investigation or prosecution upon a request for the sake of upholding law and justice;

c. a request for compensation or rehabilitation from a suspect or his family or other parties based on a power of attorney granted to them whose case has not been brought before the court.

11. Court decision shall be a the pronouncement made by a judge in an open hearing, which may be in the form of an imposition of penalty, an acquittal or a dismissal of all charges in matters, and according to the procedure as regulated hereunder.

12. Remedy shall be the right of a defendant or a public prosecutor to reject a court decision by contesting it in the form of an appeal to an appellate court or to the Supreme Court or the right of a convicted person to submit an application for a judicial review in matters and according to the procedure as regulated hereunder.

13. Legal counsel shall be a person meeting the requirements stipulated by or based on the law to provide legal assistance.

14. Suspect shall be a person who due to his deeds or his conditions, based on preliminary evidence, can reasonably be presumed to have committed a criminal act.

15. Defendant shall be a suspect who is prosecuted, examined and adjudicated in a court hearing.

16. Confiscation shall be a series of actions conducted by an investigator to take over and or to maintain under his control movable or immovable, tangible or intangible objects, to be used for the purpose of substantiation in investigation, prosecution and court examination.

17. House search shall be an action conducted by an investigator to enter a place of residence and other closed premises to carry out inspection and or confiscation and or arrest in matters and according to the procedure as regulated hereunder.

18. Body search of shall be an action conducted by an investigator to inspect the body and or the clothes of a suspect to look for objects which are strongly presumed to be present in his body or carried by him, for confiscation.

19. Apprehension in flagrante delicto shall be the apprehending of a person at the time he is committing a criminal act, or immediately after the time the criminal act is committed, or shortly after the public exclaim that the person is the one who committed such criminal act, or if shortly thereafter an object is found in him which is strongly presumed to have been used to commit the criminal act and which indicates that he is the perpetrator or an accomplice or an abettor of the criminal act.

20. Arrest shall be an action of an investigator to temporarily restrict the freedom of a suspect or a defendant when there is sufficient evidence for the purposes of investigation or prosecution and or court examination in matters and according to the procedure as regulated hereunder.

21. Detention shall be the placement of a suspect or a defendant in a certain place by an investigator or public prosecutor or a judge under his stipulation, in matters and according to the procedure as regulated under this law.

22. Compensation shall be the right of a person to receive satisfaction of his claims in the form of payment of an amount of money because of having been arrested, detained, prosecuted or tried without any lawful reason or due to an error with regard to a person's identity or the law being applied according to the procedure as regulated hereunder.

23. Rehabilitation shall be the right of a person to have his rights restored to their capacity, status, dignity and integrity which is granted at the stage of investigation, prosecution or court examination because of having been arrested, detained, prosecuted or tried without any lawful reason or due to an error with regard to a person's identity or the law being applied according to the procedure as regulated hereunder.

24. Report shall be the notification submitted by a person due to a right or obligation under the law to a competent official stating that a criminal event has occurred or is occurring or is expected to occur.

25. Complaint shall be the notification and request submitted by a relevant party to an authorized official to take legal action against a person who has committed a criminal act-on-complaint which has caused damage to such party.

26. Witness shall be a person who can testify for the purposes of investigation, prosecution and court examination on a criminal case which he himself has heard, seen or experienced.

27. Testimony shall be one of the means of evidence in a criminal case in the form of information from a witness concerning a criminal event which he himself has heard, seen or experienced by stating the reasons for his knowledge.

28. Expert testimony shall be information provided by a person who has special expertise on matters required to explain a criminal case for the purposes of examination.

29. Testimony of a minor shall be information provided by a child on matters required to explain a criminal case for the purposes of examination in matters and according to the procedure as regulated hereunder.

30. Family shall be those who have blood relationships to a certain degree or marital relationships with those involved in a criminal process as regulated hereunder.

31. One day shall be a period of twenty-four hours and one month shall be a period of thirty days.

32. Convicted Person shall be a person who has been convicted based on a court decision having obtain permanent legal force.

CHAPTER IISCOPE OF THE LAW

Article 2

This law shall apply to the administration of justice within the public judicature at all levels of court examination.

CHAPTER IIITHE BASIS OF COURT EXAMINATION

Article 3

Court Examination shall be carried out according to the procedure as regulated hereunder.

CHAPTER IVINVESTIGATOR AND PUBLIC PROSECUTOR

Part OneInquirer and Investigator

Article 4

Inquirer shall be any officer of the police force of the Republic of Indonesia.

Article 5

(1) The inquirer as intended in Article 4:

a. due to his obligation shall be authorized: 1. to receive a report or a complaint from a person regarding the

existence of a criminal act; 2. to seek information and evidence; 3. to order a suspected person to stop and to ask for and check his

identification; 4. to take other accountable actions in accordance with the law.

b. upon the order of an investigator, may take the following actions:1. arrest, restriction of movement, search and confiscation; 2. inspection and confiscation of letters; 3. fingerprinting and photographing of a person; 4. the taking and bringing of a person before an investigator.

(2) The inquirer shall prepare and submit reports to the investigator on the results of the actions as stated in paragraph (1) sub-paragraphs a and b.

Article 6

(1) Investigator shall be:

a. an officer of the police force of the Republic Indonesia

b. a certain civil service official who is granted a special authority by the law.

(2) The requirements of rank for the officers and officials as intended in paragraph (1) shall be further regulated under a government regulation.

Article 7

(1) An investigator as intended in Article 6 paragraph (1) sub paragraph a due to his obligation shall be authorized:

a. to receive a report or a complaint from a person regarding the existence of a criminal act;

b. to take the first action at the crime scene; c. to order a suspect to stop and check the suspect's identification; d. to conduct an arrest, detention, search and confiscation; e. to carry out examination and confiscation of documents, f. to take the fingerprint and photograph of a person; .

g. to summon a person to be heard and examined as a suspect or a witness;

h. to invite an expert required in connection with the examination of a case;

i. to cease an investigation; j. to take other accountable actions in accordance with the law.

(2) The investigator as intended in Article 6 paragraph (1) sub-paragraph b shall have the authority in accordance with the relevant laws and in carrying out his duties, such investigator shall be under the coordination and supervision of the investigator as intended in Article 6 paragraph (1) sub-paragraph a.

(3) In carrying out the duties as intended in paragraphs (1) and (2), the investigator shall be obligated to uphold the prevailing law.

Article 8

(1) The investigator shall prepare minutes of implementation of the actions as intended in Article 7 without prejudice to other provisions herein.

(2) The investigator shall deliver the case dossiers to the public prosecutor.

(3) The delivery of the case dossiers as intended in paragraph (2) shall be conducted as follows:

a. at the first stage, the investigator shall only deliver the case dossiers;b. in the event that the investigation is deemed to have been completed,

the investigator shall hand over the responsibility for the suspect and the evidence to the public prosecutor.

Article 9

The Inquirer and Investigation as intended in Article 6 paragraph (1) sub-paragraph a shall have the authority to perform their respective duties throughout the territory of Indonesia in general, and in particular in the respective jurisdictions where they were appointed in accordance with the provisions of law.

Part TwoAssistant Investigator

Article 10

(1) Assistant investigator shall be an officer of the police force of the Republic of Indonesia who is appointed by the Chief of the Police Force of the Republic of Indonesia based on the requirements of rank as intended in paragraph (2) of this article.

(2) The requirements of rank as intended in paragraph (1) shall be regulated under a government regulation.

Article 11

An assistant investigator shall have the authority as stated in Article 7 paragraph (1), except with respect to detention, which must be given based on the delegation of authority by the investigator.

Article 12

An assistant investigator shall prepare minutes and deliver the case dossiers to the investigator, except for cases with short examination that can be delivered directly to the public prosecutor.

Part ThreePublic Prosecutor

Article 13

Public prosecutor shall be a public attorney who is granted an authority hereunder to conduct prosecution and execute judge stipulations.

Article 14

The Public Prosecutor shall have the authority:

a. to receive and examine the dossier of an investigated case submitted by an investigator or an assistant investigator;

b. to conduct pre-prosecution if there are deficiencies in the investigation with due observance of Article 110 paragraphs (3) and (4), by giving instructions in the context of improving the investigation of the relevant investigator;

c. to grant an extension of detention, to carry out a detention or a further detention and or to change the status of a detainee after his case has been referred to him by the investigator;

d. to prepare indictment letter;

e. to summit a case before the court;

f. to give notification to the defendant of the day and time the case will be tried along with a summon, both to the defendant and to the witnesses, to appear at the designated hearing;

g. to conduct a prosecution;

h. to close a case for legal purposes;

i. to take other actions within the scope of his duties and responsibilities as a public prosecutor according to the provisions herein;

j. to execute judge stipulations.

Article 15

The public prosecutor shall prosecute a criminal cases that occurred in his jurisdiction in accordance with the provisions of law.

CHAPTER VARREST, DETENTION, BODY SEARCH, HOUSE ENTRY, CONFISCATION AND EXAMINATION OF DOCUMENTS

Part OneArrest

Article 16

(1) For the purposes of inquiry, the inquirer upon the order of the investigator shall have the authority to make an arrest.

(2) For the purposes of investigation, the investigator and the assistant investigator shall have the authority to make an arrest.

Article 17

An arrest warrant shall be given to any person who is strongly presumed to have committed a criminal act based on sufficient preliminary evidence.

Article 18

(1) The task of making an arrest shall be conducted by officers of the police force of the Republic of Indonesia by showing their assignment letters and giving the suspect the arrest warrant which contains the suspect's identity and the reasons for the arrest as well as a brief explanation of the criminal case of which he is being suspected and the place where he is to be examined.

(2) In cases of apprehension in flagrante delicto, the arrest shall be made without a warrant, provided that the arresting officer must immediately deliver the arrested person and the evidence to the nearest investigator or assistant investigator.

(3) A carbon copy of the arrest warrant as intended in paragraph (1) shall be provided to the arrested person's family immediately after the arrest is made.

Article 19

(1) The arrest as intended in Article 17 shall be made for a maximum period of one day.

(2) A person suspected of having committed a misdemeanor shall not be arrested, except when without valid reasons the person has failed to fulfill a summon for two consecutive times.

Part Two Detention

Article 20

(1) For the purposes of investigation, an investigator or assistant investigator upon the order of an investigator as intended in Article 11 shall have the authority to make a detention.

(2) For the purposes of prosecution, the public prosecutor shall have the authority to make a detention or further detention.

(3) For the purposes of examination, the presiding judge shall have the authority to make a detention by virtue of his stipulation.

Article 21

(1) A warrant for detention or further detention shall be given to a suspect or a defendant who is strongly presumed to have committed a criminal act based on sufficient evidence, in cases where there are circumstances which give rise to a concern that the suspect or the defendant will escape, damage or make evidence disappear and/or repeat the criminal act.

(2) An investigator or public prosecutor shall detain or further detain a suspect or a defendant by presenting a warrant for detention or a judge stipulation which sets forth the identity of the suspect or the defendant and states the reason for detention and a brief explanation of the criminal case of which he is being suspected or accused and the place of detention.

(3) A carbon copy of the warrant for detention or further detention or the judge stipulation as intended in paragraph (2) must be provided to the detained person's family.

(4) Such detention may only be applied to a suspect or a defendant who has committed a criminal act and/or has attempted or abetted such criminal act in which:

a. the criminal act is subject to imprisonment of five years or more; b. the criminal act is as intended in Article 282 paragraph (3), Article

296, Article 335 paragraph (1), Article 351 paragraph (1), Article 353 paragraph (1), Article 372, Article 378, Article 379a, Article 453, Article 454, Article 455, Article 459, Article 480 and Article 506 of the Criminal Code, Articles 25 and 26 of Rechten-ordonnantie (violations against the Customs and Excise Ordinance, most recently amended by Staatsblad Year 1931 Number 471), Articles 1, 2 and 4 of the Law on Immigration Offenses (Law Number 8 Drt. Year 1955, State Gazette Year 1955 Number 8), Article 36 paragraph (7), Articles 41, 42, 43, 47, and 48 of Law Number 9 Year 1976 regarding Narcotics (State Gazette Year 1976 Number 37, Supplement to State Gazette Number 3086).

Article 22

(1) Types of detention may take the form of:

a. detention in a state detention house; b. house arrest; c. city arrest;

(2) House arrest shall be carried out at the home or residence of a suspect or a defendant by conducting a supervision over him to prevent anything that might create difficulties in the investigation, prosecution or court examination.

(3) City arrest shall be carried out in the city where a suspect or a defendant lives or resides, and the aforementioned suspect or defendant must report in person at the specified times.

4) The period of arrest and or detention shall be subtracted in full from the term of the penalty imposed.

5) For city arrest, such subtraction shall be one-fifth of the total period of detention whereas for house arrest, it shall be one-third of the total period of detention.

Article 23

(1) An investigator or a public prosecutor or a judge shall have the authority to change the type of detention from one type of detention to another type as intended in Article 22.

(2) A change in the type of detention shall be stated separately in a warrant issued by the investigator or the public prosecutor or a judge stipulation, a carbon copy of which shall be provided to the suspect or the defendant and his family and the relevant government authorities.

Article 24

(1) A warrant for detention issued by an investigator as intended in Article 20 shall only be valid for not more than twenty days.

(2) If necessary for the purpose of incomplete examination, the period as intended in paragraph (1) may be extended by the relevant public prosecutor for not more than forty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the possibility of the suspect being released from detention prior to the end of the period of detention, if the purposes of the examination have been satisfied.

(4) After such sixty-day period, the investigator must have released the suspect from detention by the operation of law.

Article 25

(1) A warrant for detention issued by a public prosecutor as intended in Article 20 shall only be valid for not more than twenty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in paragraph (1) may be extended by the head of the district court concerned for not more than thirty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the possibility of the suspect being released from detention prior to the end of the period of detention, if the purposes of the examination have been satisfied.

(4) After such fifty-day period, the public prosecutor must have released the suspect from detention by the operation of law.

Article 26

(1) A judge of a district court adjudicating a case as intended in Article 84 shall have the authority, for the purposes of examination, to issue a warrant for detention for not more than thirty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in paragraph (1) may be extended by the head of the district court concerned for not more than sixty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the possibility of the defendant being released from detention prior to the end of the period of detention, if the purposes of the examination have been satisfied.

(4) After the ninety-day period, even though the case has not been decided upon, the defendant must have been released from detention by the operation of law.

Article 27

(1) The judge of an appellate court adjudicating a case as intended in Article 87, for the purposes of examination on an appeal, shall have the authority to issue a warrant for detention for a period of not more than thirty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in paragraph (1) may be extended by the head of the appellate court concerned for not more than sixty days.


(4) After the ninety-day period, even though the case has not been decided upon, the defendant must have been released from detention by the operation of law.

Article 28

(l) The Supreme Court Justice adjudicating a case as intended in Article 88, for the purposes of examination on an appeal to the Supreme Court, shall have the authority to issue a warrant for detention for a period of not more than fifty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in paragraph (1) may be extended by the Head of the Supreme Court for not more than sixty days.


(4) After the one hundred and ten day period, even though the case has not been decided upon, the defendant must have been released from detention by the operation of law.

Article 29

(1) Notwithstanding the periods of detention as intended in Articles 24, 25, 26, 27 and 28, for the purposes of examination, the detention of a suspect or a defendant may be extended based on proper and unavoidable reasons, because:

a. the suspect or defendant is suffering from a serious physical or mental disturbance, as evidenced by a doctor's statement, or

b. the case being examined is subject to imprisonment of nine years or more.

(2) The extension as intended in paragraph (1) shall be granted for not more than thirty days and in the event that such detention is still required, it may be extended again for not more than thirty days.

(3) Such extension of detention based on a request and an examination report at the stage of:

a. investigation and prosecution shall be granted by the head of a district court;

b. examination in a district court shall be granted by the head of the appellate court;

c. examination on an appeal shall be granted by the Supreme Court;.

d. examination on an appeal to the Supreme Court shall be granted by the Head of the Supreme Court;

(4) The authority for the extension of detention by the officials as intended in paragraph (3) shall be exercised gradually and with full responsibility.

(5) The provision as stated in paragraph (2) shall not preclude the possibility of the suspect or the defendant being released from detention prior to the end of such period of detention, if the purposes of the examination have been satisfied.

(6) After the sixty-day period, even though the relevant case is still being examined or has not been decided upon, the suspect or defendant must have been released from detention by the operation of law.

(7) With regard to the extension of the period of detention as stated in paragraph (2), the suspect or the defendant may submit objections at the stage of:

a. investigation and prosecution to the head of the appellate court. b. examination by the district court and examination on appeal to the

Head of the Supreme Court.

Article 30

If the period of detention as intended in Articles 24, 25, 26, 27 and 28 or the extension of detention as intended in Article 29 proves to be illegal, the suspect or the defendant shall have the right to claim compensation in accordance with the provisions intended in Articles 95 and 96.

Article 31

(1) Upon the request of the suspect or the defendant, an investigator, a public prosecutor or a judge, in accordance with their respective authorities, may conduct a postponement of detention with or without bail or personal guarantee, based on the stipulated requirements.

(2) Due to their positions, an investigator, a public prosecutor or a judge may from time to time revoke the postponement of detention in the event that the suspect or the defendant fails to observe the requirements as intended in paragraph (1).

Part ThreeSearch

Article 32

For the purposes of investigation, an investigator may perform a house search or a search of clothes or a body search according to the procedures stipulated herein.

Article 33

(1) With the approval from the head of the local district court, in carrying out an investigation, an investigator may perform a house search as required.

(2) If necessary, upon a written order from an investigator, an officer of the police force of the Republic of Indonesia may enter a house.

(3) If the suspect or occupant gives his consent thereto, each entry of the house must be witnessed by two witnesses.

(4) If the suspect or occupant refuses to give his consent thereto or is not present, each entry of the house must be witnessed by the relevant head of village or neighborhood and two witnesses.

(5) Within two days after entering and/or searching a house, minutes must be made and a copy thereof shall be delivered to the owner or occupant of the house concerned.

Article 34

(1) In urgent circumstances, where an investigator must act immediately and cannot possibly obtain an approval first, without prejudice to the provision of Article 33 paragraph (5) the investigator may carry out a search:

a. in the yard of the house where the suspect resides, stays or is present and of the things found on such yard.

b. in every other place where the suspect resides, stays or is present. c. at the location where the criminal act was committed or where traces of

such criminal act are found. d. in lodgings and other public places.

(2) In the event that an investigator performs a search as intended in paragraph (1), the investigator shall not be allowed to examine or confiscate documents, books and other written materials which are not connected with the criminal act concerned, except objects connected with the criminal act concerned or which are presumed to have been used in committing such criminal act and for which purpose the investigator shall be obligated to immediately report to the head of the local district court to obtain his approval.

Article 35

Except in cases of apprehension in flagrante delicto, an investigator shall not be allowed to enter:

a. a room where a meeting of the People's Consultative Assembly, the People's Representative Assembly or Regional People's Representative Assembly is held;

b. a place where a religious service and/or ceremony is taking place;

c. a room where a court hearing is being held.

Article 36

In the event that an investigator must conduct a house search outside his jurisdiction, without prejudice to the provision stated in Article 33, such search must be conducted with the knowledge of the head of the district court and in the company of an investigator from the jurisdiction where the search is conducted.

Article 37

(1) At the time of arresting a suspect, an inquirer shall only have the authority to search clothes including objects carried by the suspect, if there is a strong presumption based on sufficient reason that the suspect has objects that may be confiscated.

(2) At the time of arresting a suspect or if the suspect as intended in paragraph (1) is brought to an investigator, the investigator shall have the authority to search the clothes and or the body of the suspect.

Part FourConfiscation

Article 38

(1) Confiscation may only be carried out by an investigator with an approval from the head of the local district court.

(2) In urgent circumstances, where an investigator must act immediately and cannot possibly obtain an approval first, without prejudice to the provision of paragraph (1), the investigator may only confiscate movable objects and for which purpose he shall be obligated to report immediately to the head of the local district court to obtain his approval.

Article 39

(1) Objects which may be subject to confiscation shall be:

a. objects or claims of a suspect or a defendant all or part of which are presumed to have been obtained from a criminal act or as a result of a criminal act;

b. objects which have been directly used to commit a criminal act or to prepare for a criminal act;

c. objects used to obstruct the investigation of a criminal act; d. objects specially made and intended for committing a criminal act; e. other objects which have a direct connection with the criminal act

committed.

(2) Objects which have been confiscated due to a civil case or bankruptcy may also be confiscated for the purposes of investigation, prosecution and court examination of a criminal case, insofar as they meet the provisions of paragraph (1).

Article 40

In cases of apprehension in flagrante delicto, an investigator may confiscate objects and tools which obviously or which may reasonably be presumed to have been used to commit a criminal act or other objects which may be used as evidence.

Article 41

In cases of apprehension in flagrante delicto, an investigator shall have the authority to confiscate packages or documents or objects the transport or sending of which is handled by the post and telecommunication office, communication or transportation agency or enterprise, insofar as such packages, documents or objects are addressed to or have come from the suspect and for this a receipt shall be provided for the suspect and or the official of the post and telecommunication office, communication or transportation agency or enterprise concerned.

Article 42

(1) An investigator shall have the authority to order a person in control of objects which may be confiscated to surrender the objects for the purposes of investigation and a receipt must be provided to the person surrendering such objects.

(2) The surrender of documents or other written materials to an investigator may only be ordered if such documents or written materials come from the suspect or the defendant or are addressed to him or are his property or are intended for him or if such objects are a means for committing a criminal act.

Article 43

The confiscation of documents or other written materials from those who are obligated by law to keep them confidential, insofar as they do not concern state secrets, may only be carried out upon their agreement or upon special approval from the head of the local district court, unless otherwise provided for by the law.

Article 44

(1) Confiscated objects shall be kept in a state storehouse for confiscated objects.

(2) The storage of confiscated objects shall be conducted in the best possible manner and the responsibility therefor shall rest with the official authorized in accordance with the stage of examination in the legal proceedings and such objects shall not be used by any person whomsoever.

Article 45

(1) In the event that the confiscated objects consist of objects which can be easily damaged or are dangerous, so that it is impossible to store them until the court decision upon the case concerned has obtained permanent legal force or if the costs for storing such objects would be to high, as far as possible upon the approval of the suspect or his attorney the following actions may be taken:

a. if the case is still handled by an investigator or public prosecutor such objects may be sold at an auction or may be secured by the investigator or public prosecutor, witnessed by the suspect or his attorney;

b. if the case is already handled by the court, then such objects may be secured or sold at an auction by the public prosecutor upon the approval of the presiding judge and witnessed by the suspect or his attorney.

(2) The proceeds from the auctioning of the objects concerned which is in the form of money shall be used as evidence.

(3) Where possible, a portion of the objects as intended in paragraph (1) shall be put aside for the purposes of substantiation.

(4) Confiscated objects that are illegal or are cannot be circulated shall be excluded from the provision as intended in paragraph (1) and shall be confiscated to be used in the state's interest or to be destroyed.

Article 46

(1) Objects which are confiscated shall be returned to the person or to those from whom they have been confiscated, or to the person or those who are the most entitled to them, if,

a. they are no longer needed for the purpose of investigation and prosecution;

b. the case concerned has not been prosecuted because of the lack of sufficient evidence or it is evident that it does not constitute a criminal act,

c. the case concerned has been put aside for the public interest or closed by law, unless the objects are obtained from a criminal act or have been used for committing a criminal act.

(2) If the case has been decided upon, the confiscated objects shall be returned to the person or to those persons mentioned in the decision, unless according to the decision the objects are to be confiscated for the state, in order to be destroyed or damaged in such a way as to be no longer usable or if the goods concerned are still needed, to be used as evidence for another case.

Part FiveExamination of Documents

Article 47

(1) An investigator shall have the right to open, examine and confiscate other documents sent through the post and telecommunication office, communication or transportation agency or enterprise, if the objects concerned are, for a good reason, suspected of having a connection with a criminal case currently being examined, with a special approval issued for such purpose by the head of the district court.

(2) For such purpose, the investigator may request the head of the post and telecommunication office, the head of the communication or other transportation agency or enterprise concerned to surrender the intended documents, for which a receipt must be provided.

(3) The acts as intended in paragraphs (1) and (2) of this article may be taken at all stages of examination in the legal proceedings in accordance with the provisions stipulated in such paragraphs.

Article 48

(1) If after having been opened and examine it is evident that the documents are related to the case under examination, such documents shall attached to the case dossiers.

(2) If after having been examined, it is evident that such documents are not related to such case, the documents shall be neatly sealed and immediately returned to the post and telecommunication office, or other communication and transportation agency or enterprise after having been stamped "opened by investigator" and affixed with the date, signature and identity of the investigator.

(3). The investigator and the officials at all stages of examination in the legal proceedings shall be obligated to truly maintain the confidentiality of the contents of the returned documents with due observance of their oath of office.

Article 49

(1) The investigator shall prepare minutes with regard to the actions as intended in Articles 48 and 75.

(2) Copies of such minutes shall be sent by the investigator to the head of the post and telecommunication office, the head of the communication or transportation agency or enterprise concerned.

CHAPTER VISUSPECT AND DEFENDANT

Article 50

(1) A suspect shall have the right to be promptly examined by an investigator and thereafter to have the case referred to a public prosecutor.

(2) A suspect shall have the right to have his case promptly submitted to the court by the public prosecutor.

(3) A defendant shall have the right to be promptly adjudicated by the court.

Article 51

In order to prepare a defense:

a. a suspect shall have the right to be clearly informed in language which he understands about what he is being suspected of at the beginning of an examination; b. a defendant shall have the right to be clearly informed in language which he understands about what he is being accused of.

Article 52

In examinations at the stages of investigation and court examination, a suspect or a defendant shall have the right to freely give information to an investigator or a judge.

Article 53

(1) In examinations at the stages of investigation and court examination, a suspect or a defendant shall have the right at any time to be assisted by an interpreter as intended in article 177.

(2) In the event that a suspect or a defendant is deaf and or dumb, the provision as intended in article 178 shall apply.

Article 54

For the purposes of a defense, a suspect or a defendant shall have the right to obtain legal assistance from one or more legal counsels during the period of and at every stage of examination, according to the procedures stipulated herein.

Article 55

In order to obtain legal counsel(s) as intended in Article 54, a suspect or a defendant shall have the right to choose his own legal counsel(s).

Article 56

(1) In the event that a suspect or a defendant is suspected of or indicted of having committed a criminal act which is subject to a capital punishment or imprisonment of fifteen years or more or for those who are destitute and subject to imprisonment of five years or more and do not have their own legal counsel, the relevant official at all stages of examination in the legal proceedings shall be obligated to appoint a legal counsel for them.

(2) Any legal counsel who is appointed to act as intended in paragraph (1) shall provide assistance free of charge.

Article 57

(1) A suspect or a defendant who is subject to detention shall have the right to contact his legal counsel in accordance with the provisions of this law.

(2) A suspect or a defendant of foreign nationality who is subject to detention shall have the right to contact and speak with the representative of his country in facing the process of his case.

Article 58

A suspect or a defendant who is subject to detention shall have the right to contact and to be visited by his personal doctor for the interest of his health, whether or not this has any connection with the process of the case.

Article 59

A suspect or a defendant who is subject to detention shall have the right to have his family or other people living in the same house as the suspect or the defendant or other persons whose assistance is required by the suspect or the defendant to obtain legal assistance or guarantee for the postponement of his detention notified of his detention by the authorized official, at all stages of examination in the legal proceeding.

Article 60

A suspect or a defendant shall have the right to contact and receive visits from persons who have family or other relationships with the suspect or the defendant in order to obtain guarantees for the postponement of detention or for the purposes of obtaining legal assistance.

Article 61

A suspect or a defendant shall have the right, directly or through the mediation of his legal counsel, to contact and receive visits from his relatives for matters which have no connection with the case of the suspect or the defendant for occupational or family concerns.

Article 62

(1) A suspect or a defendant shall have the right to send documents to his legal counsel, and to receive documents from his legal counsel and relatives at any time he requires, for which purpose stationery shall be provided to the suspect or defendant.

(2) Correspondence between a suspect or a defendant and his legal counsel or relatives shall not be examined by an investigator, a public prosecutor, a judge or an official of a state detention house, unless there is sufficient reason to presume that the correspondence is being abused.

(3) In the event that a document for a suspect or a defendant is scrutinized or examined by an investigator, a public prosecutor, a judge or an official of a state detention house, the suspect or defendant shall be informed of such matter and such document shall be returned to the sender after being stamped with the word "scrutinized".

Article 63

A suspect or a defendant shall have the right to contact and receive visits from a spiritual leader.

Article 64

A defendant shall have the right to be tried in an open hearing.

Article 65

A suspect or a defendant shall have the right to seek and call in a witness and or a person with special expertise to provide testimony for the benefit of the suspect or the accused.

Article 66

A suspect or a defendant shall not bear the burden of proof.

Article 67

A defendant or public prosecutor shall have the right to appeal against a decision of a court of first instance except against a decision of acquittal, a dismissal of all charges related to a matter of inappropriate application of law and a court decision under express proceeding.

Article 68

A suspect or a defendant shall have the right to claim compensation and rehabilitation as set forth in Article 95 and so forth.

CHAPTER VIILEGAL ASSISTANCE

Article 69

The legal counsel shall have the right to contact a suspect as from the time of his arrest or detention at all stages of examination according to the procedures stipulated herein.

Article 70

(1) The legal counsel as intended in Article 69 shall have the right to contact and speak with the suspect at any stage of examination and at any time for the purposes of defending his case.

(2) If there is proof that such legal counsel is abusing his right in speaking with the suspect, then in accordance with the stage of examination, the investigator, public prosecutor or prison officer shall give a warning to the legal counsel.

(3) If the warning is not being observed, then such contact shall be supervised by the official as intended in paragraph (2).

(4) If after the supervision is conducted, the right is still abused, such contact shall be witnessed by the official as intended in paragraph (2) and if thereafter the violation continues, then the contact shall from then on be prohibited.

Article 71

(1) In contacting a suspect, the legal counsel shall be supervised by the investigator, public prosecutor or prison officer who shall not listen to the content of the discussion in accordance with the stage of examination.

(2) In the event of a crime against the state security, the officials as intended in paragraph (1) may listen to the content of the discussion.

Article 72

Upon the request of a suspect or his legal counsel, the official concerned shall provide a copy of the minutes of examination for the purposes of his defense.

Article 73

The legal counsel shall have the right to send and receive documents from a suspect at any time he desires.

Article 74

The restrictions of the freedom of contact between the legal counsel and a suspect as stated in Article 70 paragraphs (2), (3), (4) and Article 71 shall be prohibited, after the case has been referred by the public prosecutor to the district court to be heard, a carbon copy of which letter shall be delivered to the suspect or his legal counsel as well as to the other parties in the process.

CHAPTER VIIIMINUTES

Article 75

(1) Minutes shall be prepared for each of the following actions:

a. examination of a suspect; b. arrest; c. detention; d. search; e. house entry; f. confiscation of objects; g. examination of documents; h. examination of witnesses; i examination at the crime scene; j. execution of court stipulations and decisions; k. the implementation of other actions in accordance with the provisions

hereof.

(2) Minutes shall be prepared by the official involved with the implementation of the acts as stated in paragraph (1) and shall be prepared with due observance of the oath of office.

(3) In addition to being signed by the official as intended in paragraph (2), such minutes shall also be signed by all parties involved in the actions stated in paragraph (1).

CHAPTER IX OATH OR PLEDGE

Article 76

(1) In matters for which the taking of an oath or a pledge is mandatory based on the provisions hereof, the prevailing laws and regulations concerning oath or pledge shall be applied for such purpose, both with respect to the content as well as the procedure thereof.

(2) If the provisions as intended in paragraph (1) are not fulfilled, such oath or pledge shall be null and void.

CHAPTER XTHE AUTHORITY OF THE COURT TO ADJUDICATE

Part OnePretrial Hearing

Article 77

A district court shall be authorized to examine and make decisions, in accordance with the provisions set forth hereunder concerning:

a. the legality of an arrest, detention, cessation of investigation or prosecution;

b. compensation and or rehabilitation for a person whose criminal case is ceased at the stage of investigation or prosecution.

Article 78

(1) The authority of the district court as intended in Article 77 shall be exercised in the form of pretrial hearing.

(2) Pretrial hearing shall be chaired by a single judge appointed by the head of the district court and assisted by a clerk.

Article 79

A request for an examination the legality of an arrest or detention shall be submitted by the Suspect, his family or his attorney to the head of the district court by stating the reasons therefor.

Article 80

A request to examine the legality of a cessation of investigation or prosecution may be submitted by the investigator or public prosecutor or a third party having interests in such case to the head of the district court by stating the reasons therefor.

Article 81

A request for compensation and or rehabilitation as a consequence of an illegal arrest or detention or as a result of legal cessation of investigation or prosecution shall be submitted by a suspect or a third party having interests in such case to the head of the district court by stating the reasons therefor.

Article 82

(1) The agenda of pretrial hearing for the matters as intended in Articles 79, 80 and 81 shall be stipulated as follows:

a. Within three days after receiving the request, the appointed judge shall set the hearing day;

b. in examining and deciding upon the legality of an arrest or detention, the legality of the cessation of investigation or prosecution, a request for compensation and or rehabilitation as a consequence of an illegal arrest or detention, as a consequence of legal cessation of investigation or prosecution and the existence of confiscated objects which do not constitute evidence, the judge shall hear the testimony of both the suspect and the petitioner as well as the authorized official(s);

c. such examination shall be carried out promptly and by no later than seven days the judge must have passed his decision;

d. in the event that the examination of a case has been commenced at a district court, while the examination of the request for pretrial hearing has not been completed, such request shall be null and void;

e. a decision in pretrial hearing at the stage of investigation shall not preclude the possibility of another examination in pretrial hearing being held at the stage of examination by the public prosecutor, if a new request is submitted for such purpose.

(2) The decision in pretrial hearing with respect to matters as intended in Articles 79, 80 and 81 must clearly state the basis and reasons for such decision.

(3) In addition to stating the provisions as intended in paragraph (2), the decision shall also state the following matters:

a. if the decision states that an arrest or a detention is illegal, the investigator or the public prosecutor at their respective stages of examination must immediately release the suspect;

b. if the decision states that a cessation of an investigation or a prosecution is illegal, the investigation or prosecution of the suspect shall be continued;

c. if the decision states that an arrest or a detention is illegal, the amount of compensation and rehabilitation to be given shall be set forth in the decision, whereas if a cessation of an investigation or a prosecution is legal and the suspect is not detained, the decision shall set forth his rehabilitation.

d. if the decision states that not all of the objects confiscated constitute evidence, the decision shall state that such objects must be immediately returned to the suspect or to the person from whom such objects were confiscated.

(4) Compensation may be requested, including the matters as intended in Articles 77 and 95.

Article 83

(1) No appeals may be filed against a decision in pretrial hearing in respect of the matters as intended in Articles 79, 80 and 81.

(2) A decision in pretrial hearing which states that the cessation of an investigation or a prosecution is illegal shall be excluded from the provision in paragraph (1), for which purpose a final decision of the appellate court within the relevant jurisdiction may be requested.

Part TwoDistrict Courts

Article 84

(1) A district court shall be authorized to adjudicate all cases regarding criminal acts committed within its jurisdiction.

(2) A district court in the jurisdiction of which a defendant resides, most recently stays, is found or detained, shall only be authorized to adjudicate the case of such defendant if the residences of most of the witnesses to be summoned are closer to that district court than to the district court in the area of which the criminal act is committed.

(3) If a defendant commits several criminal acts within the jurisdictions of several district courts, each district court shall be authorized to adjudicate the criminal case.

(4). Several criminal cases which are related to one another and committed by an individual within the jurisdictions of several district courts shall be adjudicated by each district court with a provision that there is a possibility of a joint adjudication of such cases.

Article 85

In the event that the conditions in an area do not allow a district court to adjudicate a case, upon the recommendation of the head of the district court or the head of the district prosecutor's office concerned, the Supreme Court shall recommend to the Minister of Justice to determine or appoint a district court other than that intended in Article 84 to adjudicate the case.

Article 86

If a person commits a criminal act abroad which may be adjudicated under the law of the Republic of Indonesia, the Central Jakarta District Court shall have the authority to adjudicate the case.

Part ThreeAppellate Courts

Article 87

An appellate court shall be authorized to adjudicate cases which have been decided upon by a district court within its jurisdiction for which an appeal has been filed.

Part FourThe Supreme Court

Article 88

The Supreme Court shall be authorized to adjudicate all criminal cases for which an appeal to the Supreme Court has been filed.

CHAPTER XIINTERCONNECTED JURISDICTIONS

Article 89

(1) A criminal act committed together by those under the public judicature and the military judicature shall be examined and adjudicated by a court within the public judicature, unless according to a decision of the Minister of Defense and Security upon the approval of the Minister of Justice the case must be examined and adjudicated by a court within the military judicature.

(2) The investigation of a criminal case as intended in paragraph (1) shall be carried out by a permanent team consisting of the investigator as intended in Article 6, military police of the Armed Forces of the Republic of Indonesia and military prosecutor or military prosecutor at the appellate level in accordance with their respective authorities according to the law applicable to investigation of criminal cases.

(3) The team as intended in paragraph (2) shall be formed under a joint decision of the Minister of Defense and Security and the Minister of Justice.

Article 90

(1) To determine whether a court within the public judicature or a court within the military judicature shall adjudicate a criminal case as intended in Article 89 paragraph (1), a joint research shall be conducted by the public attorney or the public attorney at the appellate level and the military prosecutor or the military prosecutor at the appellate level based on the results of the investigation of the team as intended in Article 89 paragraph (2).

(2) The agreement reached as a result of such joint research shall be stated in minutes to be signed by the parties as intended in paragraph (1).

(3) If in this joint research there is a mutual agreement on which court shall be authorized to adjudicate such case, this fact shall be reported by the public attorney or the public attorney at the appellate level to the Attorney General or by the military prosecutor or the military prosecutor at the appellate level to the Prosecutor General of the Armed Forces of the Republic of Indonesia.

Article 91

(1) If according to the agreement as intended in Article 90 paragraph (3) the focus of damage caused by the criminal act lies on the public interest and therefore the criminal case must be adjudicated by a court within the public judicature, the officer submitting the case shall immediately prepare a decision to refer the case to the public prosecutor through the military prosecutor or the military prosecutor at the appellate level to form the basis for submitting the case to the authorized district court.

(2) If according to the agreement the focus of damage caused by the criminal act lies on the military interest so that the criminal case must be adjudicated by a court within the military judicature, the agreement as intended in Article 90 paragraph (3) shall be used as the basis for the Prosecutor General of the Armed Forces of the Republic of Indonesia to recommend to the Minister of Defense and Security that a decision of the Minister of Defense and Security upon the approval of the Minister of Justice be issued stipulating that such criminal case shall be adjudicated by a court in the military judicature.

(3) The decision as intended in paragraph (2) shall be the basis for the officer submitting the case and the public attorney or the public attorney at the appellate level to submit the case to the military court or the appellate military court.

Article 92

(1) If the case is submitted to the district court as intended in Article 91 paragraph (1), the minutes of the examination prepared by the team as intended in Article 89 paragraph (2) shall be marked with a note by the public prosecutor submitting the case, stating that such minutes have been taken over by him.

(2) The provision as intended in paragraph (1) shall also apply to the military prosecutor or the military prosecutor at the appellate level if the case is to be submitted to a court within the military judicature.

Article 93

(1) If in the research as intended in article 90 paragraph (1) there is a difference of opinion between the public prosecutor and the military prosecutor or the military prosecutor at the appellate level, they shall each report in writing on the difference of opinion, enclosed with the case dossier, through the public attorney at the appellate level, to the Attorney General and Prosecutor General of the Armed Forces of the Republic Indonesia.

(2) The Attorney General and the Prosecutor General of the Armed Forces of the Republic of Indonesia shall confer to reach a decision in order to resolve the difference of opinion as intended in paragraph (1).

(3) In the case there is a difference of opinion between the Attorney General and the Prosecutor General of the Armed Forces of the Republic of Indonesia, the opinion of the Attorney General shall prevail.

Article 94

(1) If a criminal case as intended in Article 89 paragraph (1) is adjudicated by a court within the public judicature or within the military judicature, the case shall be adjudicated by a panel of judges consisting of at least three judges.

(2) If a court within the public judicature adjudicates a criminal case as intended in Article 89 paragraph (1), the panel of judges shall consist of a presiding judge from the public judicature and member judges respectively and evenly chosen from the public judicature and from the military judicature.

(3) If a court within the military judicature adjudicates a criminal case as intended in Article 89 paragraph (1), the panel of judges shall consist of a presiding judge from the military judicature and member judges respectively and evenly chosen from the military judicature and from the public judicature whom shall be given titular military rank.

(4) The provisions as intended in paragraphs (2) and (3) shall also apply to appellate courts.

(5) The Minister of Justice and the Minister of Defense and Security shall reciprocally propose the appointment of member judges as intended in paragraphs (2), (3) and (4) and officer judges as intended in paragraphs (3) and (4).

CHAPTER XIICOMPENSATION AND REHABILITATION

Part OneCompensation

Article 95

(1) A suspect, a defendant or a convicted person shall have the right to demand compensation because of having been arrested, detained, prosecuted and adjudicated or subjected to other actions, without any lawful reason or due to a mistake with regard to his identity or the applicable law.

(2) A demand for compensation from a suspect or his heir for the arrest or detention and other actions without any lawful reason or due to a mistake with regard to the identity or the applicable law as intended in paragraph (1) whose case has not been submitted to the district court, shall be decided upon in a pretrial hearing as intended in Article 77.

(3) A demand for compensation as intended in paragraph (1) shall be submitted by the suspect, the defendant, the convicted person or his heir to the court having the authority to adjudicate the case concerned.

(4) To the extent possible, the head of the court shall appoint the same judge who handled the criminal case concerned to examine and decide upon the demand for compensation as intended in paragraph (1).

(5). Examination on the compensation as intended in paragraph (4) shall follow the procedures for pretrial hearing. Article 96

(1) A decision granting compensation shall take the form of a stipulation.

(2) The stipulation as intended in paragraph (1) shall completely state all matters considered as reasons for such decision.

Part Two Rehabilitation

Article 97

(1) A person shall be entitled to obtain rehabilitation if the court has acquitted him or dismissed all charges against him under a decision having obtained permanent legal force.

(2) Such rehabilitation shall be granted and stated in the court decision as intended in paragraph (1).

(3) A request for rehabilitation by a suspect due to arrest or detention without any lawful reason or a mistake with regard to identity Or the applicable law as intended in Article 95 paragraph (1) whose case has not been submitted to the district court shall be decided upon by a judge in pretrial hearing as intended in Article 77.

CHAPTER XIIIJOINT ADJUDICATION OF THE CLAIM FOR COMPENSATION

Article 98

(1) If an act which forms the basis of an indictment in the examination of a criminal case by a district court causes any harm to another person, the presiding judge may, upon the request of such person, decide to join the claim for compensation with the criminal case.

(2) The request as intended in paragraph (1) may only be made by no later than prior to the submission of criminal charges by the public prosecutor. If the public prosecutor is not present, the request shall be submitted by no later than prior to the rendering of decision by the judge.

Article 99

(1) If the party being harmed seeks a joint adjudication of his claim with the criminal case as intended in Article 98, the district court concerned shall consider its authority to adjudicate such claim, the veracity of the basis of the claim and the ruling for reimbursement of costs incurred by the party being harmed.

(2) Except where the district court declares that it does not have the authority to adjudicate a claim as intended in paragraph (1) or the claim is declared unacceptable, the decision of the judge shall only state the stipulation of reimbursement of costs incurred by the party being harmed.

(3) A decision on compensation shall automatically obtain permanent legal force , if the decision on the criminal case has obtained permanent legal force.

Article 100

(1) If there is a joint adjudication of a civil case and a criminal case, such joint adjudication shall automatically continue at the appellate level of examination.

(2) If no appeal is filed against a criminal ease, a request for an appeal regarding a decision on compensation shall not be allowed.

Article 101

The provisions of the rules of civil procedure shall apply to claims for compensation insofar as not otherwise stipulated herein.

CHAPTER XIVINVESTIGATION

Part OneInquiry

Article 102

(1) An inquirer who knows, receives a report or a complaint about the occurrence of an event which may reasonably be presumed to be a criminal act, shall be obligated to promptly take the necessary inquiry.

(2) In cases of apprehension in flagrante delicto, the inquirer, without waiting for an order from an investigator, shall promptly take the necessary steps in the context of an inquiry as intended in Article 5 paragraph (1) sub-paragraph b.

(3) With regard to the steps taken as referred to in paragraphs (1) and (2), the inquirer shall be obligated to prepare minutes of the inquiry and to report it to the investigator of the same jurisdiction.

Article 103

(1) A report or complaint made in writing must be signed by the reporting party or the complainant.

(2) A report or complaint made verbally must be recorded by the inquirer and signed by the reporting party or the complainant and the inquirer.

(3) If the reporting party or the complainant is unable to write, this fact must be stated as a note in such report or complaint.

Article 104

In performing inquiry duties, an inquirer shall be obligated to show his identity card.

Article 105

In performing inquiry duties, an inquirer shall be coordinated, supervised and instructed by an investigator as intended in Article 6 paragraph (1) sub-paragraph a.

Part TwoInvestigation

Article 106

An investigator who knows, receives a report or a complaint about the occurrence of an event which may reasonably be presumed to be a criminal act, shall be obligated to promptly take the necessary investigation.

Article 107

(1) For the purposes of investigation, the investigator as intended in Article 6 paragraph (1) sub-paragraph a shall give instructions to the investigator as intended in Article 6 paragraph (1) sub-paragraph b and give the necessary investigative assistance.

(2) If an event which may reasonably be presumed to be a criminal act is under investigation by an investigator as intended in Article 6 paragraph (1) sub-paragraph b and thereafter a strong evidence is found for submittal to the public prosecutor, the investigator as intended in Article 6 paragraph (1) sub-paragraph b shall report the matter to the investigator as intended in Article 6 paragraph (1) sub-paragraph a.

(3) If the investigation of a criminal act has been completed by the investigator as intended in Article 6 paragraph (1) sub-paragraph b, he shall promptly hand over the results of his investigation to the public prosecutor through the investigator as intended in Article 6 paragraph (1) sub-paragraph a.

Article 108

(1) Any person experiencing, seeing, observing and/or becoming a victim of an event that constitutes a criminal act shall have the right to submit a report or a complaint to an inquirer and or an investigator either verbally or in writing.

(2) Any person who knows about a conspiracy to commit a criminal act against the public tranquility and security or against any human life or against any property shall be obligated to immediately report such fact to an inquirer or an investigator.

(3) Any civil servant who in the scope of carrying out his duties knows about any occurrence of an event that constitutes a criminal act shall be obligated to promptly report the fact to an inquirer or an investigator.

(4) A report or complaint which is submitted in writing must be signed by the reporting party or the complainant.

(5) A report or complaint which is submitted verbally shall be recorded by the investigator and signed by the reporting party or the complainant and the investigator.

(6) After receiving a report or a complaint, the inquirer or the investigator shall provide the person concerned with a receipt for the report or complaint.

Article 109

(1) If an investigator has begun an investigation of an event constituting a criminal act, the investigator shall notify the public prosecutor of the fact.

(2) If an investigator ceases an investigation because of the lack of sufficient evidence or it is evident that such event does not constitute a criminal act or the investigation has been ceased by virtue of the law, the investigator shall notify the public prosecutor, the suspect or his family of this fact.

(3) If a cessation as intended in paragraph (2) is conducted by an investigator as intended in Article 6 paragraph (1) sub-paragraph b, a notification of this fact shall promptly be delivered to the investigator and the public prosecutor.

Article 110

(1) If an investigator has finished conducting an investigation, the investigator shall be obligated to promptly submit the case dossier concerned to the public prosecutor.

(2) If the public prosecutor believes that the results of such investigation are still incomplete, the public prosecutor shall promptly return the case dossier to the investigator with instructions for completion.

(3) If the public prosecutor returns the results of the investigation for completion, the investigator shall be obligated to promptly conduct a supplementary investigation in accordance with the instructions of the public prosecutor.

(4) An investigation shall be considered completed if within fourteen days the public prosecutor has not returned the results of the investigation or if before the end of such time limit, there has been a notification concerning the fact from the public prosecutor to the investigator.

Article 111

(1) In cases of apprehension in flagrante delicto, every person shall have the right, whereas every person having the authority in the field of public order, tranquility and security shall have the obligation, to arrest a suspect to be submitted to an inquirer or an investigator with or without any evidence.

(2) After taking custody of a suspect as intended in paragraph (1), the inquirer or the investigator shall be obligated to promptly carry out an examination and other actions in the context of an investigation.

(3) An inquirer and an investigator having received a report shall promptly proceed to the crime scene and may prohibit anyone from leaving the place until the site examination has been completed.

(4) Any person violating such prohibition may be forced to remain at that place until completion of the examination as mentioned above.

Article 112

(1) An investigator conducting an examination shall have the authority to summon the suspect and witnesses deemed necessary to be examined by giving legal summons and clearly stating the reasons for the summons, while taking into account a reasonable time limit between the receipt of the summons and the day the relevant person(s) is required to fulfill such summons.

(2) The person(s) summoned shall be obligated to appear before the investigator and if he/they should fail to appear, the investigator shall once again issue such a summons, with an order to an officer to bring the person(s) to him.

Article 113

In the event that a suspect or a witness being summoned provides an appropriate and proper reason why he is unable to appear before the investigator conducting an examination, the investigator shall go to his place of residence.

Article 114

In the event that a person is suspected of having committed a criminal act before an examination is commenced by an investigator, the investigator shall be obligated to notify the suspect of his right to obtain legal assistance or that he must be assisted in his case by legal counsel as intended in Article 56.

Article 115

(1) If an investigator is in the process of conducting an examination of a suspect, the legal counsel may follow the course of the examination by watching and listening to the examination.

(2) In the event of a crime against the state security, the legal counsel may be present to watch but not to listen to the examination of the suspect.

Article 116

(1) A witness shall be examined without taking an oath, unless there is a sufficient reason to presume that he will be unable to attend the court examination.

(2) Witnesses shall be examined individually, but one may be confronted with another and they shall be obligated to tell the truth.

(3) In an examination a suspect shall be asked whether he wants a witness to be heard who may testify favorably for him and if such witness is available this fact shall be recorded in the minutes.

(4) In the event as intended in paragraph (3), the investigator shall be obligated to summon and examine such witness(es).

Article 117

(1) The testimony of a suspect and or a witness to an investigator shall be given without any pressure from anyone whomsoever and or in any form whatsoever.

(2) If a suspect testifies about what he has actually done in connection with the criminal act of which he is being suspected, the investigator shall record it in the minutes as thoroughly as possible in the words used by the suspect himself.

Article 118

(1) The testimony of a suspect and or a witness shall be recorded in the minutes which shall be signed by the investigator and by the person giving the testimony after they have approved the content thereof.

(2) In the event that the suspect and or the witness is not willing to affix his signature, the investigator shall record this fact in the minutes stating the reasons for such refusal.

Article 119

In the case a suspect and or a witness whose testimony must be heard stays or resides outside the jurisdiction of the investigator conducting the investigation, the examination of the suspect and or witness may be assigned to an investigator at the place where such suspect and or witness stays or resides.

Article 120

(1) If an investigator deems it necessary, he may seek the opinion of an expert or a person having specific expertise.

(2) Such expert shall take an oath or pledge before the investigator that he will provide information to the best of his knowledge unless due to his dignity and integrity, occupation or position he is obligated to maintain confidentiality, he may refuse to give the requested information.

Article 121

The investigator with due observance of his oath of office shall promptly prepare minutes which shall be dated and shall contain the details of the suspected criminal action, stating the time, place and the conditions at the time the criminal act was committed, the name and residence of the suspect and or witness(es), their testimonies, notes regarding deeds and or objects and anything which is deemed necessary for the purposes of solving the case.

Article 122

If a suspect is detained, the investigator must commence the examination within one day after the warrant of the detention is executed.

Article 123

(1) A suspect, his family or legal counsel may file an objection to the detention or the type of detention of the suspect to the investigator conducting the detention.

(2) For this purpose, the investigator may grant such request by considering whether or not it is necessary for the suspect to remain in detention or remain in a certain type of detention.

(3) If within three days the investigator has not granted the request, the suspect, his family or legal counsel may submit the request to the investigator's superior.

(4) For this purpose, the investigator's superior may grant such request by considering whether or not it is necessary for the suspect to remain in detention or remain in a certain type of detention.

(5) The investigator or the investigator's superior as intended in the paragraph above may grant the request with or without any conditions.

Article 124

With respect to the legality of a detention, a suspect, his family or legal counsel may submit the matter to the local district court for a pretrial hearing in order to obtain a decision on whether the detention of the suspect is legal or illegal according to this law.

Article 125

In the event that an investigator conducts a house search, he shall first show his identity card to the suspect or his family, and thereafter the provisions as intended in Articles 33 and 34 shall apply.

Article 126

(1) The investigator shall prepare minutes of the implementation and results of the house search as intended in Article 33 paragraph (5).

(2) The investigator shall first read out the minutes of the house search to those concerned, then the minutes shall be dated and signed by the investigator and the suspect or his family and or the village head or the head of the neighborhood with two witnesses.

(3) If the suspect or his family is unwilling to affix his/their signature, this fact shall be recorded in the minutes stating the reasons for such refusal.

Article 127

(1) For the purpose of security and order during a house search, an investigator may arrange for the premises concerned to be guarded or closed.

(2) In this respect, the investigator shall have the right to order any person deemed necessary not to leave the premises during the search.

Article 128

In the event that an investigator makes a confiscation, he shall first show his identity card to the person from whom the objects are confiscated.

Article 129

(1) The investigator shall show the objects to be confiscated to the person from whom the objects are to be confiscated or to his family and may request any information about the confiscated objects in the presence of the village head or the head of the neighborhood and two witnesses.

(2) The investigator shall prepare minutes of the confiscation which shall first be read out to the person from whom the objects are confiscated or to his family, which minutes shall thereafter be dated and signed by the investigator and the person concerned or his family and or the village head or the head of the neighborhood and two witnesses.

(3) If the person from whom the objects have been confiscated or his family is unwilling to affix his/their signature, this fact shall be recorded in the minutes stating the reasons for such refusal.

(4) The investigator shall give copies of the minutes to his superior, the person from whom the objects are confiscated or his family and the village head.

Article 130

(1) Prior to being wrapped up, the weight and or number of each respective type, characteristics and special features of the confiscated objects, the place, day and date of confiscation, the identity of the person from whom the objects have been confiscated, etc., shall be recorded and sealed, officially stamped and signed by the investigator.

(2) If it is not possible to wrap up the confiscated objects, the investigator shall draw up the records as intended in paragraph (1), which shall be written on labels affixed to and/or attached to such objects.

Article 131

(1) In the event that the nature of a criminal act is such as to give a strong reason to believe that information about it may be obtained from various documents, books or texts, registers, etc., the investigator shall promptly proceed to the suspected premises to conduct a search, examine documents, books or texts, registers, etc. and if necessary to confiscate such objects.

(2) The confiscation shall be carried out according to the provisions as stipulated in Article 129 hereof.

Article 132

(1) If a complaint is received stating that a document or writing is fake, falsified or presumed by the investigator to be fake, for the purposes of examination, the investigator may request a statement of an expert with regard to such fact.

(2) If there is a strong presumption that a document is fake or falsified, the investigator upon the written approval of the head of the local district court may come or request that the public official in charge of keeping the authentic document, whom shall be obligated to comply with such request, to send the original document maintained by him to be used for the purposes of comparison.

(3) If a document considered necessary for an examination is a part of and is inseparable from a register as intended in Article 131, the investigator may request that the entire register be sent to him for examination for a period as stipulated in the request, for which he shall provide a receipt.

(4) If a document as intended in paragraph (2) is a part of a register, the keeper shall prepare a copy of it as a substitute until the original document has been returned, by noting on the bottom of the copy the reason for making such copy.

(5) In the event that the document or register is not sent within the time stipulated in the request, without any valid reason, the investigator shall have the authority to take it.

(6) All expenses for the settlement of matters as intended this article shall constitute and be borne as costs of the case.

Article 133

(1) If for the sake of justice an investigator handles a victim, whether he is injured, poisoned or dead presumably because of an event constituting a criminal act, he shall have the authority to submit a request for an expert testimony from a court-appointed medical expert or a doctor and or other experts.

(2) The request for expert testimony as intended in paragraph (1) shall be made in writing, stating explicitly therein whether the request is for an examination of an injury or an examination of a corpse and or an autopsy.

(3) A corpse sent to a court-appointed medical expert or a doctor in a hospital shall be treated properly with due respect for such corpse and shall be provided with a label stating the identity of the corpse which, sealed with an official stamp, shall be attached to the toe or another part of the corpse.

Article 134

(I) In the event that it is absolutely necessary for the purposes of substantiation to conduct an autopsy, the investigator shall be obligated to first notify the family of the victim.

(2) In the event that the family objects, the investigator shall be obligated to explain in the clearest possible way the objective and purpose of conducting such autopsy.

(3) If within two days there is no response whatsoever from the family or the relevant party has not been found, the investigator shall promptly implement the provisions as intended in Article 133 paragraph (3) hereof.

Article 135

If the investigator, for the sake of justice, must disinter a corpse, it shall be implemented in accordance with the provisions as intended in Article 133 paragraph (2) and Article 134 paragraph (1) hereof.

Article 136

All costs incurred for the purposes of an examination as intended in Part Two of Chapter XIV shall be borne by the state.

CHAPTER XVPROSECUTION

Article 137

A public prosecutor shall have the authority to carry out the prosecution of anyone who is being indicted of committing a criminal act within his jurisdiction by filing the case before a court having the authority to adjudicate the case.

Article 138

(1) After having received the results of an investigation from an investigator, the public prosecutor shall promptly study and conduct a research and within seven days shall be obligated to notify the investigator of whether or not the results of the investigation are complete.

(2) If the results of the investigation are evidently incomplete, the public prosecutor shall return the case dossier to the investigator accompanied by instructions on what must be done to make it complete and within fourteen days as from the date of receipt of the case dossier, the investigator shall be obligated to resubmit the case dossier to the public prosecutor.

Article 139

After the public prosecutor receives or re-receives the complete results of the investigation from the investigator, he shall promptly determine whether or not the case dossier has met the requirements to be brought to the court.

Article 140

(1) If the public prosecutor is of the opinion that a prosecution may be conducted based on the results of the investigation, he shall, as soon as possible, prepare the indictment.

(2) a. If the public prosecutor decides to cease prosecution because of the lack of sufficient evidence or it is evident that such event does not constitute a criminal act or the case has been closed by virtue of the law, the public prosecutor shall stipulate it in a written stipulation.

b. The content of such written stipulation shall be made known to the suspect and if he is detained, he shall be released immediately.

c. Copies of such written stipulation must be sent to the suspect or his family or legal counsel, the official of the state detention house, the investigator and the judge.

d. If thereafter a new reason should emerge, the public prosecutor may conduct a prosecution against the suspect.

Article 141

A public prosecutor may join several cases and include them in one indictment, if at the same time or almost simultaneously he receives several case dossiers consisting of:

a. several criminal acts committed by the same person and the interests of the examination do not pose an obstacle for joining the cases;

b. several criminal acts which are interrelated one with the other(s);

c. several criminal acts which are not interrelated one with the other(s), but which do have some connection with one another, so that it is necessary to join them for the purposes of examination.

Article 142

If the public prosecutor receives a case dossier containing several criminal acts committed by several suspects not subject to the provisions of article 141, the public prosecutor may conduct a prosecution against each of the defendants separately.

Article 143

(1) A public prosecutor shall refer the case to a district court with a request that the case be promptly adjudicated accompanied by the indictment.

(2) The public prosecutor shall prepare the indictment which shall be dated and signed and which shall contain:

a. the full name, place of birth, age or date of birth, sex, nationality, address, religion and occupation of the suspect.

b. an accurate, clear and complete explanation of the criminal act of which the indictment is made, stating the time and place where the crime was committed.

(3) Indictment which does not fulfill the provisions as intended in paragraph (2) sub-paragraph b shall be null and void.

(4) Copies of the referral letter of the case and the indictment shall be sent to the suspect or his attorney in-fact or legal counsel and the investigator, at the same time the referral letter of the case is submitted to the district court.

Article 144

(I) A public prosecutor may change an indictment before the hearing day is set, whether with the purpose to improve or to discontinue the prosecution.

(2) A change in the indictment may only be effected once by no later than seven days before the hearing begins.

(3) If a public prosecutor changes an indictment, he shall send copies of it to the suspect or his legal counsel and the investigator.

CHAPTER XVICOURT EXAMINATION

Part OneSummons and Indictment

Article 145

(1) A notification to attend a hearing shall be valid, if it is conveyed by a written summon to the defendant at his address or if his address is unknown, at his most recent place of residence.

(2) If the defendant is not present at his address or at his most recent place of residence the summons shall be conveyed through the village head whose jurisdiction covers the address or the most recent place of residence of the defendant.

(3) If the defendant is in detention the summons shall be conveyed to him through the official of the state detention house.

(4) Receipt of a summon by the defendant himself or by another person or through another person, shall be conducted with a receipt.

(5) If the address or the most recent place of residence is unknown, the summons shall be posted on the billboard at the building of the court having the authority to adjudicate the case.

Article 146

(1) A summon issued by a public prosecutor to a defendant shall contain the date, day, and time of the hearing and the case for which he is being summoned and shall have been received by the person concerned by no later than three days before the hearing begins.

(2) A summon issued by a public prosecutor to a witness shall contain the date, day and time of the hearing and the case for which he is being summoned and shall have been received by the person concerned by no later than three days before the hearing begins.

Part TwoSettlement of Disputes on the Authority to Adjudicate

Article 147

After the district court receives the referral letter of a case from the public prosecutor, the head of the district court shall make a review on whether the case falls within the authority of the court which he leads.

Article 148

(1) If the head of the district court is of the opinion that the criminal act does not fall within the authority of the court he leads, but falls within the authority of another district court, he shall submit the referral letter of the case to the other district court which is deemed to have the authority to adjudicate the case, with a written stipulation stating the reasons for such matter.

(2) Such referral letter of the case shall then be returned to the public prosecutor and the relevant district prosecutor's office shall submit it to the district prosecutor's office within the jurisdiction of the district court as intended in the written stipulation.

(3) Copies of the written stipulation as intended in paragraph (1) shall be delivered to the defendant or his legal counsel and the investigator.

Article 149

(1) In the event that the public prosecutor objects to the written stipulation of the district court as intended in Article 149, then:

a. he shall file a contest to the relevant appellate court within seven days after the receipt of such stipulation;

b. failure to observe the time limit as intended above shall make the contest invalid;

c. such contest shall be delivered to the head of the district court as intended in Article 148 where it shall be registered in the clerk's registry;

d. within a period of seven days the district court shall be obligated to forward the contest to the relevant appellate court.

(2) The appellate court within a period of not more than fourteen days after receiving such contest may confirm or reject the contest by a written stipulation.

(3) If the appellate court confirms the contest of the public prosecutor, then by written stipulation it shall order the district court concerned to try the case.

(4) If the appellate court confirms the opinion of the district court, it shall send the dossier of such criminal case to the district court concerned.

(5) A copy of the written stipulation of the appellate court as intended in paragraphs (3) and (4) shall be sent to the public prosecutor.

Article 150

A dispute on the authority to adjudicate may arise:

a. if two or more courts declare that they have the authority to adjudicate the same case; b. if two or more courts declare that they do not have the authority to adjudicate the same case.

Article 151

(1) An appellate court shall settle any dispute on the authority to adjudicate between two or more district courts within its jurisdiction.

(2) The Supreme Court shall settle in the first and final instance all disputes on the authority to adjudicate:

a. between a court of one judiciary and a court of another judiciary; b. between two district courts located in the jurisdictions of different

appellate courts; c. between two or more appellate courts.

Part ThreeCommon Examination

Article 152

(1) If a district court receives a referral letter of a case and is of the opinion that the case is within its authority, the head of the court shall appoint a judge to try the case and the appointed judge shall determine the hearing day.

(2) In determining the hearing day as intended in paragraph (1) the judge shall order the public prosecutor to summon the defendants and witnesses to attend the hearing.

Article 153

(1) On the day determined according to article 152 the court shall hold the hearing.

(2) a. The presiding judge of the hearing shall lead the court examination which shall be conducted orally in Indonesian language understood by the defendant and witness.

b. He shall be obligated to ensure that nothing is done or that no question is asked which would restrict the defendant or witness from giving his answer freely.

(3) For the purpose of examination, the presiding judge shall open the hearing and declare it open to the public except in cases concerning morals or if the defendant is a minor.

(4) Failure to meet the provisions in paragraphs (2) and (3) shall result in the decision being null and void.

(5) The presiding judge may determine that minors who have not reached the age of seventeen are not allowed to attend the hearing.

Article 154

(1) The presiding judge shall order that the defendant be summoned to enter and if he is in detention, that he be brought before the court without being tied.

(2) If in the examination of a case the defendant who is not in detention fails to be present on the designated hearing day, the presiding judge shall review whether the defendant has been legally summoned.

(3) If the defendant has been summoned illegally, the presiding judge shall postpone the hearing and order that the defendant be summoned again to be present at the next hearing day.

(4) If in fact the defendant has been legally summoned, but failed to be present at the hearing without any valid reason, the examination of the case cannot be continued and the presiding judge shall order that the defendant be summoned once again.

(5) If in a case there are more than one defendants and not all of them are present on the hearing day, the examination of those defendant(s) present may be continued.

(6) The presiding judge shall order that the defendants who are not present without any valid reason after having been legally summoned for the second time be forced to be present in the following hearing.

(7) The clerk shall record the report of the public prosecutor regarding the implementation as intended in paragraphs (3) and (6) and convey it to the presiding judge.

Article 155

(1) At the beginning of a hearing, the presiding judge shall ask the defendant's complete name, place of birth, age or date of birth, sex, nationality, address, religion and occupation and remind the defendant to pay attention to everything he hears and observes during the hearing.

(2) a. Thereafter the presiding judge shall ask the public prosecutor to read the indictment.

b. The presiding judge shall then ask the defendant whether he has truly understood, and if in fact he has not understood, the public prosecutor upon the request of the presiding judge shall be obligated to provide the necessary explanations.

Article 156

(1) If the defendant or legal counsel raises an objection that the court is not authorized to adjudicate his case or that the indictment cannot be accepted or that the

indictment must be revoked, the judge, after giving the public prosecutor an opportunity to state his opinion, shall consider the objection and then make a decision.

(2) If the judge declares the objection is to be sustained, the case shall not be examined any further; whereas if it is rejected or the judge believes that the matter may only be decided upon completion of the examination, the hearing shall be continued.

(3) If the public prosecutor objects to such decision, he may file a contest to the appellate court through the relevant district court.

(4) If a contest submitted by a defendant or his legal counsel is accepted by an appellate court, within fourteen days the appellate court shall, by written stipulation, annul the decision of the district court and order an authorized district court to examine the case.

(5) a. If a contest is submitted together with an appeal by a defendant or his legal counsel to the appellate court, within fourteen days after having received the case and having found the contest of the defendant to be correct, the appellate court shall annul the decision of the district court concerned by a decision and shall appoint an authorized district court.

b. The appellate court shall deliver a copy of its decision to the authorized district court and to the district court previously trying the case concerned together with the case dossier to be forwarded to the district prosecutor's office referring the case.

(6) If the authorized court as intended in paragraph (5) is located within the jurisdiction of another appellate court, the district prosecutor's office shall send the case to the district prosecutor's office within the jurisdiction of the authorized district court.

(7) After hearing the opinion of the public prosecutor and the defendant, the presiding judge, due to his position, may declare the court to be unauthorized under a written stipulation containing the reasons for such matter, even though there is no contest filed.

Article 157

(1) A judge shall be obligated to withdraw from adjudication of a certain case if he is related by blood or by marriage to the third degree, is or was married to the presiding judge or one of the member judges, or the public prosecutor or the clerk of court.

(2) The presiding judge, member judge, public prosecutor or clerk shall be obligated to withdraw from handling a case if he is related by blood or by marriage to the third degree, is or was married to the defendant or the defendant's legal counsel.

(3) If the provisions in paragraphs (1) and (2) are met, those who have withdrawn must be replaced and if the provisions are not met or replacements are not made

whereas the case has been decided upon, the case must be retried with a different composition.

Article 158

A judge shall be prohibited from displaying an attitude or making a statement at the hearing about his belief on whether the defendant is guilty or not.

Article 159

(1) The presiding judge shall thereafter examine whether all the witnesses summoned are present and shall issue an order to prevent witnesses from communicating with one another prior to testifying at the hearing.

(2) If a witness is not present, despite having been legally summoned and the presiding judge has sufficient reason to suspect that the witness does not intend to attend the hearing, the presiding judge may order that the witness be brought to the hearing.

Article 160

(1) a. Witnesses shall be called into the hearing room one by one in an order considered best by the presiding judge after hearing the opinion of the public prosecutor, the defendant or the legal counsel.

b. The first to be heard shall be the victim whom is a witness.

c. The presiding judge shall be obligated to hear the testimony of any witness, whether such witness is exonerating or incriminating the defendant as stated in the referral letter of the case and or as requested by the defendant or the legal counsel or the public prosecutor during the hearing or before the rendering of a decision.

(2) The presiding judge shall ask the witness about his full name, place of birth, age or date of birth, sex, nationality, address, religion and occupation, and thereafter whether the witness knows the defendant before the defendant committed the act based on which the indictment is made and whether he has any relationship by blood or by marriage to the defendant and to what degree, or whether he is or was the spouse of the defendant or whether he has any binding employment relationship with the defendant.

(3) Before testifying the witness(es) shall be obligated to take an oath or pledge according to their respective religions, that he will testify to the truth and nothing but the truth.

(4) If it is deemed necessary by the court, a witness or an expert shall be obligated to take an oath or pledge after the witness or expert has testified.

Article 161

(1) In the event that a witness or an expert without any valid reason refuses to take an oath or pledge as intended in Article 160 paragraphs (3) and (4), the examination of such witness or expert shall continue, however he may be confined in the state detention house for not more than fourteen days by written stipulation of the presiding judge.

(2) If the time limit for such confinement has expired and the witness or expert continues to refuse to take an oath or pledge, the testimony that has been given shall constitute a testimony confirming the conviction of the judge.

Article 162

(1) If a witness passes away after testifying for an investigation or because of a valid reason is unable to be present at the hearing or is not summoned because of the distance of his address or place of residence or because of another reason connected with the interests of the state, the testimony which has been given shall be read out.

(2) If such testimony was previously given under oath, such testimony shall be considered equal in value to the testimony given by a witness under oath during the hearing.

Article 163

If the testimony of a witness at the hearing differs from his testimony written in the minutes, the presiding judge shall remind the witness of this fact and shall request an information explaining the differences which shall be recorded in the minutes of the court examination.

Article 164

(1) Each time a witness has finished testifying, the presiding judge shall ask the defendant's opinion of the testimony.

(2) The public prosecutor or legal counsel through the presiding judge shall be given the opportunity to question the witness and the defendant.

(3) The presiding judge may reject any question brought forward by the public prosecutor or legal counsel to a witness or the defendant by stating the reasons for such rejection.

Article 165

(1) The presiding judge and any member judge may request a witness to provide any information deemed necessary to reveal the truth.

(2) The public prosecutor, the defendant or legal counsel through the presiding judge shall be given an opportunity to question the witnesses.

(3) The presiding judge may reject a question brought forward by the public prosecutor, the defendant or legal counsel to any witness by stating the reasons for such rejection.

(4) Through the presiding judge, the judges and the public prosecutor, or the defendant or the legal counsel, may cross-examine the witnesses to verify the truth of their respective testimonies.

Article 166

Devious questions may not be addressed to either the defendant or witnesses.

Article 167

(1) After testifying, witnesses shall continue to be present at the hearing until the presiding judge gives permission to leave.

(2) Such permission shall not be given if the public prosecutor or the defendant or legal counsel requests that the witnesses remain present at the hearing.

(3) Witnesses shall not be allowed to speak to one another during the hearing.

Article 168

Unless otherwise provided for herein, the following persons' testimonies shall not be taken into account and they may withdraw as witnesses:

a. relatives by blood or by marriage vertically up or down to the third degree of the defendant or co-defendant;

b. siblings of the defendant or co-defendant, siblings or his mother or father, those related by marriage and the children of the defendant's siblings to the third degree;

c. past or present spouse of the defendant or co-defendant.

Article 169

(1) If those persons intended in Article 168 so desire and the public prosecutor as well as the defendant explicitly agree, they may testify under oath.

(2) Without the agreement as intended in paragraph (1), they shall be allowed to testify without taking an oath.

Article 170

(1) Those who because of their occupation, dignity or position are obligated to keep secrets, may ask to be excused from the obligation to testify as witnesses, specifically concerning matters entrusted to them.

(2) The judge shall determine the validity of all reasons for such request.

Article 171

Those who may be examined to testify without an oath shall be:

a. a minor who has not reached the age of fifteen years and has never been married;

b. the insane or the mentally ill, even though their sanity may occasionally return.

Article 172

(1) After a witness has testified, the defendant or legal counsel or the public prosecutor may request the presiding judge to dismiss some witness(es) whose presence is not desired by them from the courtroom, so that the presiding judge can call in other witness(es) to testify, one by one or together without the presence of the witness(es) dismissed.

(2) If necessary, the judge due to his position may ask that a witness whose testimony has been heard leave the courtroom in order to subsequently hear the testimony of another witness.

Article 173

The presiding judge may hear the testimony of a witness on certain matters without the presence of the defendant, for which purpose he shall request the defendant to leave the courtroom, however, the examination of the case may not be continued thereafter until the defendant has been notified of everything that occurred during his absence.

Article 174

(1) If a testimony of a witness at the hearing is suspected to be false, the presiding judge shall seriously warn him to testify to the truth and notify the witness of the sanction that may be imposed on him if he continues to give false testimony.

(2) If the witness remains firm on his testimony, the presiding judge due to his position or upon the request of the public prosecutor or the defendant may issue an order for the detention of the witness and thereafter be prosecuted for perjury.

(3) In such a case the clerk of the court shall promptly prepare minutes of the court examination containing the testimony of the witness and the reason for suspecting that the testimony of the witness is false, which minutes shall be signed by the presiding judge and the clerk and promptly delivered to the public prosecutor to be completed according to the provisions hereof.

(4) If necessary the presiding judge shall postpone the hearing of the main case until the examination against the witness has been completed.

Article 175

If a defendant declines to answer or refuses to answer any question addressed to him, the presiding judge shall suggest that he answers the question and thereafter the examination shall be continued.

Article 176

(1) If a defendant behaves improperly so as to disturb the orderliness of the hearing, the presiding judge shall reprimand him and if the reprimand is not being observed, he shall order that the defendant be removed from the courtroom, and subsequently the examination of the case shall be continued without the presence of the defendant.

(2) If a defendant continuously behaves improperly so as to disturb the orderliness of the hearing, the presiding judge shall endeavor to seek a solution so that a decision may still be rendered with the presence of the defendant.

Article 177

(1) If the defendant or a witness does not understand the Indonesian language, the presiding judge shall appoint an interpreter who under oath or pledge will truly and accurately translate everything that must be translated.

(2) If a person is not allowed to serve as a witness in a case, he shall not be allowed to serve as interpreter in such case.

Article 178

(1) If a defendant or a witness is dumb and or deaf and is unable to write, the presiding judge shall appoint a person as translator who has the skill in communicating with such defendant or witness.

(2) If a defendant or a witness is dumb and or deaf but is able to write, the presiding judge shall address all questions or reprimands to him in writing and such defendant or witness shall be ordered to write his answers; after which all questions and answers must be read out.

Article 179

(1) Any person being asked for his opinion as a court-appointed medical expert or as a doctor or other expert shall be obligated to give expert testimony for the sake of justice.

(2) All the aforementioned provisions with regard to witnesses shall also apply to those who give expert testimony with a provision that they shall take an oath or

pledge to testify to the truth and to the best of their knowledge in their field of expertise.

Article 180

(1) If it is necessary to clarify the nature of any issue arising at the hearing, the presiding judge may ask for expert testimony and may also ask for presentation of new materials by the relevant party.

(2) If a reasonable objection is raised by the defendant or his legal counsel as to the results of the expert testimony as intended in paragraph (1) the judge shall order that the research on the matter be repeated.

(3) A judge due to his position may order that the research be repeated as intended in paragraph (2).

(4) The repeated research as intended in paragraphs (2) and (3) shall be performed by the agency performing the initial research with a different composition of personnel and another agency having the authority for such matter.

Article 181

(1) The presiding judge shall show all evidence to the defendant and shall ask whether he recognizes the objects with due observance of the provisions as intended in Article 45 hereof.

(2) If necessary the objects shall also be shown to a witness by the presiding judge.

(3) If it is deemed necessary for substantiation purposes, the presiding judge shall read out or show a document or minutes to the defendant or a witness and ask for any necessary information with respect thereto.

Article 182

(1) a. After an examination has been declared completed, the public prosecutor shall submit his criminal charges.

b. The defendant and or legal counsel shall submit his defense which may be replied to by the public prosecutor, provided however that the defendant or legal counsel shall always have the last turn.

c. Charges, defenses and replies to the defenses shall be made in writing and after having been read out shall be delivered promptly to the presiding judge and copies thereof shall be delivered to the relevant parties.

(2) If the procedure as intended in paragraph (1) has been completed, the presiding judge shall declare the examination closed, with the provision that he may reopen it, whether upon authority of the presiding judge due to his position, or upon

the request of the public prosecutor or the defendant or the legal counsel by stating the reason for such re-opening.

(3) Thereafter, the judges shall hold final consultations to reach a decision and if necessary such consultations shall be held after the defendant, legal counsel, public prosecutor the audience have left the courtroom.

(4) The consultations as intended in paragraph (3) must be based on the indictment and all that has been proven in the court examination.

(5) In such consultations, the presiding judge shall ask questions starting with the youngest judge and ending with the eldest judge, whereas the last to state his opinion shall be the presiding judge and all opinions shall be accompanied by considerations and reasons therefor.

(6) In principle the decision of the panel in consultation shall be the result of unanimous agreement unless after earnest endeavors such agreement cannot be achieved, in which case the following provisions shall apply:

a. decision shall be made by a majority of votes;

b. if the provision as intended in sub-paragraph a cannot be realized, the decision adopted shall be the opinion of the judge most favorable for the defendant.

(7) The process of decision-making as intended in paragraph (6) shall be recorded in the compilation of decisions especially provided for that purpose and the contents of which shall be kept confidential.

(8) The decision of the district court may be rendered and announced on the same day or on another day of which the public prosecutor, the defendant or legal counsel must be notified in advance.

Part FourSubstantiation and Decisions in Common Examination

Article 183

A judge shall not impose a sanction upon a person unless there are at least two legal evidence to base his conviction that a criminal act has truly occurred and that it is the defendant who is guilty of committing it.

Article 184

(1) Legal evidence shall be as follows:

a. witness testimony; b. expert testimony; c. document; d. indication; e. defendant's testimony.

(2) Matters which are generally known shall not need to be proven.

Article 185

(1) A witness testimony as an evidence shall be what a witness states in a hearing.

(2) A testimony of one witness alone shall not be sufficient to prove that a defendant is guilty of the act of which he is being accused.

(3) The provision as intended in paragraph (2) shall not apply if it is accompanied by another legal evidence.

(4) Separate testimonies of several witnesses concerning an event or circumstance may be used as legal evidence if such testimonies are related to one another in such a way as to confirm the occurrence of a certain event or the existence of a certain condition.

(5) An opinion or a conjecture derived from thoughts alone shall not constitute a witness testimony.

(6) In assessing the truth of a testimony of a witness, a judge must seriously take into account:

a. consistency between the testimony of one witness with that of another; b. consistency between the testimony of a witness with another evidence; c. the reasons possibly used by a witness to give certain testimony. d. the way of life and morality of a witness and any matters which may

normally influence whether or not a testimony is reliable.

(7) The testimonies of witnesses without any oath, despite consistency among them, shall not constitute evidence, but if such testimony is consistent with a testimony of a witness under oath, then it may be used as supplemental legal evidence.

Article 186

An expert testimony shall be what an expert states in a hearing.

Article 187

A document as intended in Article 184 paragraph (1) sub-paragraph c, written under an oath of office or confirmed by an oath, shall be:

a. minutes and other documents made in official form by or before an authorized public official, containing testimony about an event or a condition which one hears, sees or experiences by oneself, accompanied by clear and explicit reasons for such testimony;

b. a document made in accordance with the provisions of laws and legislations or a document made by an official concerning matter(s) falling within the scope of his duties for which he is responsible and to be used as evidence of a fact or a condition;

c. written testimony of an expert containing an opinion based on his expertise concerning a fact or condition which is officially requested of him;

d. other documents which are only valid if they have a connection with the contents of other evidence.

Article 188

(1) An indication shall be any act, event or condition which because of its consistency, whether between one and another, or with the criminal act itself, signifies that a criminal act has occurred and who the perpetrator is.

(2) An indication as intended in paragraph (1) may only be obtained from:a. a witness testimony; b. a document; c. a defendant's testimony.

(3) Evaluation on the power of substantiation of an indication in any particular condition shall be made by the judge wisely and prudently, after he accurately and carefully conducts an examination based on his conscience.

Article 189

(1) A defendant's testimony shall be what a defendant states in a hearing concerning the act(s) he has committed or what he knows or experiences himself.

(2) A defendant's testimony outside a hearing may be used to help find evidences during the hearing, provided that such testimony is supported by a legal evidence regarding the matter of which he is being indicted.

(3) A defendant's testimony may only be used towards the defendant himself.

(4) A defendant's testimony alone shall not be sufficient to prove that he is guilty of the act of which he is indicted, it must be accompanied by other evidence.

Article 190

a. During a court examination, if a defendant is not detained, by a written stipulation the court may order the detention of the defendant if the provisions of Article 21 have been satisfied and there is sufficient reason for such matter.

b. If a defendant is detained, by a written stipulation the court may order the release of the defendant, if there is sufficient reason for such matter by taking into account the provisions of Article 30.

Article 191

(1) If the court is of the opinion that from the results of court examination, the defendant is not legally and convincingly proven to be guilty for the acts he is being indicted of, the defendant shall be declared acquitted.

(2) If the court is of the opinion that the act indicted against the defendant is proven, but such act does not constitute a criminal act, all charges against the defendant shall be dismissed.

(3) In cases such as those intended in paragraphs (1) and (2), a defendant who is under detention shall be ordered to be released without any delay whatsoever, except when there is another legal reason for which the defendant must be detained.

Article 192

(1) The order to release a defendant as intended in Article 191 paragraph (3) shall be executed by the public attorney promptly after the decision has been pronounced.

(2) A written report on the execution of such order enclosed with the release order shall be delivered to the head of the court concerned by no later than within three times twenty-four hours.

Article 193

(1) If the court believes that a defendant is guilty of having committed the criminal act of which he has been indicted of the court shall impose a sanction.

(2) a. In rendering a decision, if the defendant is not detained, the court may order that the defendant be detained, if the provisions of Article 21 have been satisfied and there is sufficient reason for such matter.

b. In rendering a decision, if the defendant is detained, the court may stipulate that the defendant remains under detention or that he be released, if there is sufficient reason for such matter.

Article 194

(1) In the event of a decision imposing a sanction or an acquittal or a dismissal of all charges, the court shall stipulate that evidence confiscated be delivered to the party most entitled to receive the objects back whose name shall be mentioned in such decision unless according to the provisions of law such evidence must be confiscated for the interest of the state or destroyed or damaged so that it may no longer be utilized.

(2) Unless there is a valid reason, the court shall stipulate that evidence be delivered promptly after conclusion of the hearing.

(3) An order for delivery of evidence shall be carried out without any conditions whatsoever, except if the court decision has not obtained permanent legal force.

Article 195

All court decisions shall only be valid and have legal force if they are pronounced at an open hearing.

Article 196

(1) A court shall decide a case with the defendant being present except otherwise provided for herein.

(2) If there are more than one defendant in a case, the decision may be pronounced in the presence of those defendants in attendance.

(3) Promptly after the decision has been pronounced, the presiding judge shall be obligated to notify the defendant of all matters which are his rights, namely:

a. the right to promptly accept or to promptly reject the decision; b. the right to study the decision before declaring acceptance or rejection

of the decision, within a time limit determined hereunder; c. the right to request a postponement of an execution of decision for a

time limit determined by the law in order to seek a pardon, in the case the defendant accepts a decision.

d. the right to request an examination of his case at an appellate level within a time limit determined hereunder, in the case the defendant rejects the decision;

e. the right to withdraw a statement as intended in sub-paragraph a within a time limit determined hereunder.

Article 197

(1) A punitive decision shall contain:

a. heading of the decision which reads: "FOR THE SAKE OF JUSTICE BASED ON GOD ALMIGHTY";

b. full name, place of birth, age or date of birth, sex, nationality, address, religion and occupation of the defendant(s);

c. indictment, as found in the indictment letter;d. considerations compiled in brief, regarding the facts and conditions

and the evidence(s) obtained during the court examination constituting the basis for the determination whether the defendant is guilty or not;

e. criminal charge(s), as stated in the letter of criminal charges;f. articles of laws and legislations forming the basis for imposition of

sanction or measures and articles of laws and legislations constituting the basis for decision, accompanied by incriminating and mitigating conditions for the defendant;

g. the day and date of the judges panel deliberations unless the case is examined by a single judge;

h. declaration of guilt of the defendant, a declaration that all elements in the description of criminal act have been satisfied, along with the qualifications and sanction or measures imposed;

i. provisions on who shall bear the case fees stating the exact amount thereof and provisions regarding evidence;

j. remarks that the entire document(s) are evidently false or an explanation of where the falseness lies, if some authentic documents are deemed to be false;

k. the order that the defendant be detained or to remain in detention or be released.

i. the day and date of decision, the name of the public prosecutor, the name(s) of the judge(s) giving the decision and the name of the clerk of the court;

(2) Failure to meet the provisions in paragraph (1) sub-paragraphs a, b, c, d, e, f, g, h, i, j, k, and l of this article shall render the decision null and void.

(3) The decision shall be executed promptly in accordance with the provisions of this law.

Article 198

(1) If a judge or a public prosecutor is absent, the head of the court or a competent official of the public prosecutor's office shall be obligated to promptly appoint an official to substitute the absent official.

(2) If a legal counsel is absent, he shall appoint his substitute and if the substitute is also absent, then the hearing shall continue.

Article 199

(1) A non-punitive decision shall contain:

a. provisions as intended in Article 197 paragraph (1) except sub-paragraphs e, f and h;

b. declaration that the defendant is acquitted or that all charges are dismissed, stating the reasons and the articles of laws and legislations constituting the basis for the decision;

c. the order that the defendant be promptly released if he is detained.

(2) The provisions as intended in Article 197 paragraphs (2) and (3) shall also apply to this article.

Article 200

The judges and the clerk of the court shall sign the decision letter without any delay after the decision has been pronounced.

Article 201

(1) If a document is found to be false or falsified, the clerk of the court shall attach to it an excerpt of decision duly signed by the clerk which contains the remarks as intended in Article 197 paragraph (1) sub-paragraph j and the said false or falsified document shall be marked with a note referring to the excerpt of decision.

(2) No first copy or copy of the false or falsified original document shall be given unless the clerk has added a note to the note as intended in paragraph (1) accompanied by a copy of the excerpt of decision.

Article 202

(1) The clerk of the court shall prepare minutes of hearing by taking into account the necessary requirements and containing all things that happened during the hearing in connection with the examination.

(2) The minutes of hearing as intended in paragraph (1) shall also contain important matters from testimonies of witnesses, of the defendant and of the experts unless the presiding judge declares that it is sufficient to make reference to the testimonies in the minutes of examination by stating any differences between one another.

(3) Upon the request of the public prosecutor, the defendant or legal counsel, the presiding judge shall be obligated to order the clerk of the court to make a particular note concerning a condition or a testimony.

(4) The minutes of hearing shall be signed by the presiding judge and the clerk of the court unless either one of them is absent, which fact shall be stated in such minutes.

Part FiveBrief Examination

Article 203

(1) Cases of criminal acts or misdemeanors which do not fall under the provisions of Article 205 and which according to the public prosecutor require simple and straightforward substantiation and law enforcement shall be examined under the brief examination procedure.

(2) In cases as intended in paragraph (1), the public prosecutor shall present the defendant and the witnesses, experts, interpreters and necessary evidence.

(3) The provisions of Part One, Part Two and Part Three of this Chapter shall apply to this procedure insofar as they are not contrary to the following provisions:

a. 1. the public prosecutor shall promptly notify the defendant verbally by consulting his notes right after the defendant has answered all the questions as intended in Article 155 paragraph (1) at the hearing, of the criminal act for which he is being indicted by stating the time, place and conditions when such criminal act was committed;

2. this notification shall be recorded in the minutes of hearing and shall constitute a substitute for the indictment letter;

b. If the judge considers a supplemental examination is necessary, the supplemental examination shall be held within a period of fourteen days at the most and if within such time the public prosecutor has not been able to complete the supplemental examination, the judge shall order the case to be submitted to the court under common procedure;

c. for purposes of defense, upon the request of the defendant and/or legal counsel, the judge may postpone an examination for not more than seven days;

d. the decision shall not be prepared specially, but shall be recorded in the minutes of hearing;

e. the judge shall provide a document containing the contents of the decision;

f. the contents of such document shall have equal legal force to a court decision under common procedure.

Article 204

If it becomes evident from the court examination that a case being examined under a brief procedure is in fact clear and minor in nature, that it should have been properly examined under an express procedure, upon the agreement of the defendant the judge may proceed with such an examination.

Part SixExpress Examination

Paragraph IExamination of Minor Criminal Acts

Article 205

(1) Cases subject to a maximum sanction of three months imprisonment and or a fine of not more than seven thousand five hundred rupiah and minor defamation except as provided for in Paragraph 2 of this Part shall be examined according to the examination procedures for minor criminal acts.

(2) In cases as intended in paragraph (1), the investigator, based on a power of attorney from the public prosecutor, shall present the defendant together with the evidence, witnesses, experts and or interpreters before the court within three days after completion of the minutes of the examination.

(3) In examination procedure as intended in paragraph (1), the court consisting of a single judge shall adjudicate at the first and final instance, except when the sanction rendered is depriving the liberty of the defendant, he may file an appeal.

Article 206

The court shall set a certain day within seven days for adjudication of cases falling under the examination procedures of minor criminal acts.

Article 207

(1) a. The investigator shall notify the defendant in writing of the day, date, hour and place where he must be present for hearing and this shall be properly recorded by the investigator, which record together with the case dossier shall thereafter be sent to the court.

b. A case falling under the examination procedure of minor criminal acts must be promptly tried upon receipt on that particular hearing day.

(2) a. The assigned judge shall order the clerk of the court to record all cases he receives in the register.

b. The register shall contain the full name, place of birth, age or date of birth, sex, nationality, address, and religion as well as occupation of the defendant, and the indictment placed against him.

Article 208

A witness in the examination procedures of minor criminal acts shall not take an oath or pledge unless the judge deems it necessary.

Article 209

(1) The decision shall be recorded by the judge in the list of case records and thereafter it shall be recorded by the clerk in the register and signed by the judge concerned and the clerk of the court.

(2) Minutes of court examination shall not be prepared unless during such examination it becomes evident that there are matters which are not in accordance with the minutes of examination prepared by the investigator.

Article 210

The provisions of Part One, Part Two and Part Three of this Chapter shall remain applicable insofar as they are not in contrary to this Paragraph.

Paragraph 2Examination of Traffic Violations

Article 211

Cases involving certain violations of traffic laws and regulations shall be examined according to the examination procedure under this Paragraph.

Article 212

No minutes of examination shall be required for cases of traffic violations, and therefore the record as intended in Article 207 paragraph (1) sub-paragraph a, shall be promptly submitted to the court by no later than on the next following hearing day.

Article 213

A defendant may appoint a person by power of attorney to represent him in the hearing.

Article 214

(1) If a defendant or his representative is not present at the hearing, the examination of the case shall continue.

(2) If a decision is pronounced without the presence of a defendant, a document containing the decision shall promptly be delivered to the convicted person.

(3) Evidence that the document containing the decision has been delivered to the convicted person by the investigator shall be submitted to the clerk of the court to be recorded in the register.

(4) If a decision is rendered without the presence of the defendant and the decision constitutes a sanction in the form of deprivation of liberty, the defendant may file a contest.

(5) Within seven days after a decision has legally been notified to the defendant, he may file a contest to the court rendering the decision.

(6) With such contest, the decision rendered without the presence of the defendant shall be null and void.

(7) After the clerk of the court informs the investigator of such contest, the judge shall set a hearing day for the reexamination of the case.

(8) If a decision after such contest still constitutes a sanction as intended in paragraph (4), the defendant may file an appeal against the decision.

Article 215

Returning of confiscated objects shall be conducted without any requirement to the most entitled person, promptly after a decision has been rendered if the convicted person has fulfilled the contents of the decision.

Article 216

The provision under Article 210 shall remain applicable insofar as such regulation is not contrary to this Paragraph.

Part SevenMiscellaneous Provisions

Article 217

(1) The presiding judge shall lead examinations and shall maintain the order during the hearing.

(2) All things ordered by the presiding judge to maintain the order during the hearing shall be promptly and precisely followed.

Article 218

(1) Inside the courtroom, every person shall be obligated to respect the court.

(2) Any person displaying an attitude unbefitting the dignity of the court during the hearing and not observing the rule of order, after having been warned by the presiding judge, shall be removed from the courtroom by order of the presiding judge.

(3) If a violation of the rule of order as intended in paragraph (2) is in the nature of a criminal act, it shall not reduce the possibility of prosecuting of the perpetrator.

Article 219

(1) Any person shall be prohibited from bringing fire-arms, sharp weapons, explosives or devices or goods which may endanger the security of the hearing and whoever brings such items shall be obligated to deposit them at a place specifically provided for that purpose.

(2) Without a warrant, the court security officer due to his duties may conduct a body search to ensure that the persons present in the courtroom do not carry arms, materials or devices or goods as intended in paragraph (1) and if such items are found, the officer shall ask the persons concerned to deposit them.

(3) If the persons concerned intend to leave the courtroom, the officer shall be obligated to return the deposited goods.

(4) The provisions of paragraphs (1) and (2) shall not reduce the possibility of a prosecution being conducted if it becomes evident that the possession of such goods constitutes a criminal act.

Article 220

(1) No judge shall be allowed to adjudicate a case in which he has an interest, directly or indirectly.

(2) In matters as intended in paragraph (1), the judge concerned shall be obligated to withdraw either by his own choice or upon the request of the public prosecutor, the defendant or his legal counsel.

(3) If there is doubt or a difference of opinion regarding the matters as intended in paragraph (1), the authorized court official shall decide.

(4) The provisions as intended in the meaning of the above paragraph shall also apply to the public prosecutor.

Article 221

If necessary, a judge by his own choice or upon the request of the defendant or his legal counsel may give an explanation of the applicable law in the hearing.

Article 222

(1) Anyone who is convicted shall pay the case fees and in the event of an acquittal or a dismissal of all charges, the case fees shall be borne by the state.

(2) If the defendant has previously submitted an application for exemption from payment of the case fees based on certain conditions upon the approval of the court, the case fees shall be borne by the state.

Article 223

(1) If a judge orders a person to take an oath or pledge outside the hearing, the judge may postpone the examination of the case until another hearing day.

(2) If an oath or pledge is taken as intended in paragraph (1), the judge shall appoint the clerk of the court to attend the taking of such oath or pledge and to take minutes thereof.

Article 224

All court decision documents shall be kept in the archives of the court adjudicating the case in the first instance and may not be removed except as otherwise provided for by the law.

Article 225

(1) The clerk of the court shall keep a register for all cases.

(2) Such register shall record the name and identity of the defendant, the criminal act indicted, the date the case is received, the date the defendant's detention begins if he is in detention, the date and brief summary of the contents of the decision, the date of receipt of application for an appeal and decision(s) in appeal or an appeal to Supreme Court, and other matters closely related to the process of the case.

Article 226

(1) An excerpt of the court decision document shall be given to the defendant or his legal counsel promptly after the decision has been pronounced.

(2) A copy of the court decision document shall be given to the public prosecutor and the investigator, whereas to the defendant or his legal counsel a copy shall be given upon request.

(3) A copy of the court decision document may only be given to other persons with the permission of the head of the court after considering the purpose of such request.

Article 227

(1) All types of notifications or summons issued by the competent authorities at all levels of examination to the defendant, witnesses or experts shall be delivered by no later than three days prior to the date set for their attendance, at their addresses or their most recent places of residence.

(2) The officer delivering such summons must personally meet with and directly talk to the person(s) summoned and shall make a record that the summons are received by the person concerned marked with the date and duly signed, by both the delivery officer and the person summoned and if the summoned person does not sign, the officer shall record the reason therefor.

(3) If the person summoned is not found at one of the places as intended in paragraph (1), the summons shall be delivered through the village head or an official and if that summoned person is abroad, through the representative of the Republic of Indonesia at the place where the summoned person usually resides and if it still cannot be delivered, the summons shall be posted on the billboard of the office of the official issuing such summons.

Article 228

A period of time or a time limit according to this law shall be counted starting from the following day.

Article 229

(1) A witness or an expert who is present at all levels of examination in compliance with a summon in the context of testifying, shall be entitled to obtain reimbursement for expenses according to the prevailing laws and regulations.

(2) The official delivering the summons shall be obligated to inform the witness or expert of his right as intended in paragraph (1).

Article 230

(1) Hearing shall be held in a courtroom at the courthouse.

(2) The judge, the public prosecutor, the legal counsel and the clerk shall wear trial robes and their respective attributes in the courtroom.

(3) The courtroom as intended in paragraph (1) shall be laid out according to the following provisions:

a. the place for the judges' bench and chairs shall be higher than the places for public prosecutor(s), defendant(s), legal counsel(s) and the spectators;

b. the place for the clerk of the court shall be behind the presiding judge at the right hand side;

c. the place for the public prosecutor(s) shall be in front of the place for the judges at the right hand side;

d. the place for the defendant(s) and legal counsel(s) shall be in front of the place for the judges at the left hand side and the place of the defendant(s) shall be to the right of the legal counsel(s);

e. the place of the examination chair for the defendant(s) and witness(es) shall be in front of the place for judges;

f. the place for the witnesses or experts after having been heard shall be behind the examination chair;

g. the place for spectators shall be behind the place for witnesses who have been heard;.

h. the National flag shall be placed on the right side of the judges' bench and the Justice banner on the left side of the judges' bench whereas the symbol of the State shall be placed on the upper part of the wall behind the judges' bench;

i. the place for religious/spiritual leaders shall be on the left side of the place for the clerk of the court;

j. the places as intended in sub-paragraphs a through i shall be given the appropriate identification marks/signs;

k. the place for the security officer shall be inside the main entrance of the courtroom and at other places deemed necessary.

(4) If a hearing is held outside the courthouse, the layout of the place shall as far as possible conform to the provisions of paragraph (3) above.

(5) If it is impossible to comply with the provisions of paragraph (3), at least the National flag must be in place.

Article 231

(1) The type, form and color of trial robes and attributes and other matters related to the attire and equipment as intended in Article 230 paragraphs (2) and (3) shall be set forth under a government regulation.

(2) Further regulation of the rule of order for hearing as intended in Article 217 shall be determined under a decision of the Minister of Justice.

Article 232

(1) Before a hearing commences, the clerk of the court, public prosecutor, legal counsel and spectators already present, shall be seated in their respective places in the courtroom.

(2) At the time the judge(s) enters or leaves the courtroom, all those present shall stand up to pay their respects.

(3) While the hearing is in progress, any person who leaves or enters the courtroom shall be obligated to pay his respects.

CHAPTER XVIICOMMON REMEDIES

Part OneExaminations at the Appellate Level

Article 233

(1) A petition for appeal as intended in Article 67 may be filed to an appellate court by a defendant or someone especially empowered for such purpose or by a public prosecutor.

(2) Only a petition for an appeal as intended in paragraph (1) may be accepted by a clerk of the district court within seven days after a decision is rendered or after a decision is notified or made known to a defendant who was not present as intended in Article 196 paragraph (2).

(3) The clerk of the court shall prepare a statement concerning such petition and to be signed by the clerk and also by the appellant and a carbon copy thereof shall be given to the appellant concerned.

(4) If the appellant is unable to appear, this fact must be recorded by the clerk of the court supported by the reasons therefor and the record must be attached to the case dossier and shall be entered in the register of criminal cases.

(5) If a district court receives a petition for an appeal, whether filed by a public prosecutor or the defendant or by both the public prosecutor and the defendant, the clerk of the court shall be obligated to make the petition of one party known to the other party.

Article 234

(1) If the time limit as intended in Article 233 paragraph (2) has expired without a petition for an appeal being filed by the person(s) concerned, then the person(s) concerned shall be considered to have accepted the decision.

(2) In cases as intended in paragraph (1), the clerk shall record and prepare a deed with respect to such facts and shall attach such deed to the case dossier.

Article 235

(1) Insofar as an appeal case has not been decided upon by an appellate court, any petition for an appeal may be withdrawn at any time and in the case it is withdrawn, another petition for an appeal in that particular case may not be filed again.

(2) If an examination of a case has commenced but it has not been decided upon, while in the meantime the appellant withdraws his petition for an appeal, the appellant shall bear the case fees incurred by the appellate court up to the moment of withdrawal.

Article 236

(1) By no later than within fourteen days after a petition for an appeal has been filed, the clerk of the court shall send a copy of the decision of the district court concerned and the case dossier plus documents of evidence to the appellate court.

(2) Before the sending of the case dossier to the appellate court, an appellant shall be given an opportunity for seven days to study the case dossier at the district court.

(3) If the appellant has clearly stated in writing that he will study such dossier at the appellate court, he shall be given an opportunity to do so no sooner than seven days after the case dossier is received by the appellate court.

(4) Every appellant shall be given the opportunity at any time to examine the authenticity of the case dossier which is already at the appellate court.

Article 237

As long as an appellate court has not begun to examine a case at the appellate level, the defendant or his attorney-in-fact or the public prosecutor may submit a memory of appeal or a counter memory of appeal to the appellate court.

Article 238

(1) The examination at the appellate level shall be conducted by an appellate court with a minimum of three judges based on the case dossier received from the district court which shall consist of the minutes of examination from the investigator, the minutes of court examination in the district court, accompanied by all documents introduced at the hearing that are connected with the case and the decision of the district court.

(2) The authority to determine detention shall be transferred to the appellate court from the moment the petition for an appeal is filed.

(3) Within three days after receipt of an appeal dossier from a district court, the appellate court shall be obligated to study it in order to determine whether or not the defendant must remain under detention, either due to the authority or upon the request of the defendant.

(4) If necessary, the appellate court may hear the testimonies of the defendant or witnesses or the public prosecutor by explaining in brief in a written summons given to such parties what the appellate court wishes to know.

Article 239

(1) The provisions as regulated in Article 157 and article 220 paragraphs (1), (2) and (3) shall also apply to examination(s) of cases at the appellate level.

(2) A family relationship as intended in Article 157 paragraph (1) shall also apply to that between judges and or clerks of the appellate level court, and judges or clerks who adjudicated the same case at the first level.

(3) If a judge who has decided a case at the examination of first level subsequently becomes a judge in an appellate court, such judge shall be prohibited from examining the same case at the appellate level.

Article 240

(1) If the appellate court is of the opinion that there has evidently been a default in the application of the legal procedure or a mistake or there is something incomplete in the examination at the first instance, the appellate court may, by a decision, order the district court to correct these matters or the appellate court may do so itself.

(2) If necessary an appellate court may, by a decision, annul the stipulation of a district court before the decision of the appellate court is rendered.

Article 241

(1) After all matters as intended in the provisions referred to above have been considered and executed, the appellate court shall decide, confirm or amend or and in the case of annulment of decision of a district court, the appellate court shall render its own decision.

(2) In the case the decision of a district court is annulled because the district court does not have the authority to examine the case, the provisions as intended in Article 148 shall apply.

Article 242

If in an examination at the appellate level the defendant who has been convicted is still in detention, the appellate court shall stipulate in its decision whether the defendant should remain in detention or be released.

Article 243

(1) Within seven days after such decision has been rendered a copy of the appellate court decision and the case dossier shall be sent to the district court which rendered decision in the first instance.

(2) The defendant and the public prosecutor shall promptly be notified by the clerk of the district court of the contents of the decision document after it has been recorded in the register and thereafter such notification shall be noted on the copy of the appellate court decision.

(3) The provisions regarding decisions of a district court as intended in Article 226 shall also apply to decisions of an appellate court.

(4) If the defendant resides outside the jurisdiction of the district court, the clerk shall ask the assistance of the clerk of the district court in whose jurisdiction the defendant resides to notify him of the contents of the written decision.

(5) If the address of the defendant is not known or he resides abroad, the contents of the decision document as intended in paragraph (2) shall be delivered through a village head or official or through the representative of the Republic of Indonesia, where the defendant usually resides and if it still cannot be delivered, the defendant shall be summoned two consecutive times through two newspapers published in the jurisdiction of the district court itself or in a jurisdiction close to that jurisdiction.

Part TwoExamination of Appeals to the Supreme CourtsArticle 244

The defendant or the public prosecutor may file a request for an examination of an appeal to the Supreme Court against a decision on a criminal case rendered at the final instance by a court other than the Supreme Court, except with regard to an acquittal.

Article 245

(1) A petition for appeal to the Supreme Court shall be delivered by the appellant to the clerk of the court rendering decision on his case in the first instance, within fourteen days after the decision for which the appeal to the Supreme Court is requested has been made known to the defendant.

(2) Such petition shall be noted down by the clerk of the court in a statement be signed by the clerk and the appellant, and recorded in a list attached to the case dossier.

(3) If the district court receives a petition for appeal to the Supreme Court, whether submitted by the public prosecutor or the defendant or submitted by both the public prosecutor and the defendant, the clerk of the court shall be obligated to make the petition of one party known to the other party.

Article 246

(1) If the time limit as intended in Article 245 paragraph (1) has expired without a petition for appeal to the Supreme Court being submitted by the party concerned, then the party concerned shall be deemed to have accepted the decision.

(2) If within the time limit as intended in paragraph (1), the appellant is late in filing a petition for appeal to the Supreme Court, the right for such matter shall be null and void.

(3) In cases as intended in paragraphs (1) or (2), the clerk of the court shall record and prepare a deed with respect to such facts and then attach such deed to the case dossier.

Article 247

(1) As long as a case of petition for appeal to the Supreme Court has not been decided upon by the Supreme Court, the petition for appeal to the Supreme Court may be withdrawn at any time and if it has been withdrawn, a petition for appeal to the Supreme Court for that case may not be submitted again.

(2) If a withdrawal is conducted before the case dossier is sent to the Supreme Court, such dossier shall not be sent.

(3) If the examination of a case has commenced but it has not been decided upon, while in the meantime the appellant withdraws his petition for appeal to the Supreme Court, he shall bear the case fees incurred by the Supreme Court up to the moment of withdrawal.

(4) A petition for appeal to the Supreme Court may only be made once.

Article 248

(1) An appellant filing an appeal to the Supreme Court shall be obligated to submit a memory of appeal to the Supreme Court which contains the reasons for the petition for appeal to the Supreme Court and the memory of appeal to the Supreme Court must have been delivered to the clerk of the court within fourteen days after filing such petition, and the clerk of the court shall then issue a receipt therefor.

(2) In the case an appellant filing an appeal to the Supreme Court is a defendant with a poor understanding of the law, at the time of receiving the petition for appeal to the Supreme Court, the clerk of the court shall be obligated to inquire as to the reasons for which the defendant is filing the petition and for this purpose the clerk of the court shall be the one to prepare the memory of appeal to the Supreme Court.

(3) Reasons as intended in paragraphs (1) and (2) shall be as intended in article 253 paragraph (1) hereof.

(4) If within the time limit as intended in paragraph (1), the appellant is late in submitting the memory of appeal to the Supreme Court, the right to submit a petition for appeal to the Supreme Court shall be null and void.

(5) The provisions as set forth in Article 246 paragraph (3) shall also apply to paragraph (4) of this article.

(6) A copy of the memory of appeal to the Supreme Court submitted by one of the parties, shall be delivered by the clerk of the court to the other party entitled to submit a counter memory of appeal to the Supreme Court.

(7) Within the time limit as intended in paragraph (1), the clerk of the court shall convey a copy of the counter memory of appeal to the Supreme Court to the party originally submitting the memory of appeal to the Supreme Court.

Article 249

(1) If one of the parties is of the opinion that something must be added to the memory of appeal to Supreme Court or the counter memory of appeal to the Supreme court, he shall be given the opportunity to submit such addendum within the time limit as intended in Article 248 paragraph (1).

(2) The addendum as intended in paragraph (1) shall be delivered to the clerk of the court.

(3) By no later than fourteen days after the time limit as intended in paragraph (1), the complete petition for appeal to the Supreme Court shall be delivered by the clerk of the court to the Supreme Court.

Article 250

(1) After the clerk of the district court has received the memory and or counter memory of appeal as intended in Article 248 paragraphs (1) and (4), he shall be obligated to promptly send the case dossier to the Supreme Court.

(2) After the clerk of the Supreme Court receives the case dossier, he shall at once record it in the agenda of documents, the register of cases and on an index card.

(3) The register of cases as intended in paragraph (2) shall be worked upon, closed and signed by the clerk on every business day and also be signed for acknowledgment by the Head of the Supreme Court due to his position.

(4) If the Head of the Supreme Court is absent, the Deputy Head of the Supreme Court shall do the signing and if both of them are unavailable the most senior member judge in office shall be appointed by a decision of the Head of the Supreme Court.

(5) The clerk of the Supreme Court shall thereafter issue a document as proof of receipt the original of which shall be sent to the clerk of the district court concerned, with carbon copies thereof sent to all the parties.

Article 251

(1) The provisions as regulated in Article 157 shall also apply to any examination of a case at the level of appeal to the Supreme Court.

(2) Family relationships as intended in Article 157 paragraph (1) shall also apply between judges and or clerks at the level of the appeal to the Supreme Court and judges and or clerks at the appellate level and the first level, having adjudicated the same case.

(3) If a judge having adjudicated a case at the level of first instance or at the appellate level subsequently becomes a judge or a clerk of the Supreme Court, they shall be prohibited from serving as a judge or clerk for the same case at the level of appeal to Supreme Court.

Article 252

(1) The provisions as regulated in Article 220 paragraphs (1) and (2) shall also apply to the examination of a case at the level of appeal to Supreme Court.

(2) If there is any doubt or a difference of opinion regarding the matters as intended in paragraph (1), at the level of appeal to the Supreme Court:

a. the Head of the Supreme Court due to his position shall act as the official having the authority to make decisions;

b. if the Head of the Supreme Court himself is involved, the party having the authority to decide shall be a committee consisting of three persons selected by and from among the member judges, one of whom must be the most senior member judge in office.

Article 253

(1) Examination at the level of appeal to the Supreme Court shall be conducted by the Supreme Court upon the request of the parties as intended in Article 244 and article 248 in order to decide:

a. whether it is true that a certain regulation has not been applied or has been applied inappropriately;

b. whether it is true that the method of adjudication has not been applied according to the provisions of laws;

c. whether it is true that the court exceeded the limits of its authority.

(2) Examinations as intended in paragraph (1) shall be conducted by a minimum of three judges based on the case dossier received from a court other than the Supreme Court, which shall consist of the minutes of examination by the investigator, the minutes of court examination, all documents introduced at the hearing in connection with the case and the decision of a court of the first instance and or the final instance.

(3) If it is considered necessary for the purposes of examination as intended in paragraph (1), the Supreme Court may hear the testimonies of the defendant or witnesses or the public prosecutor, by explaining briefly in a summons to them of what it wishes to know or the Supreme Court may also order the court as intended in paragraph (2) to hear their testimony, by the same method of summons.

(4) The authority to determine detention shall be transferred to the Supreme Court from the time of submission of petition for appeal to the Supreme Court.

(5) a. Within three days after receiving the case dossier for appeal to the Supreme Court as intended in paragraph (2), the Supreme Court shall be obligated to study it in order to decide whether or not it is necessary that the defendant remain in detention, either due to its position or upon the request of the defendant;

b. If the defendant is to remain in detention, within fourteen days from the stipulation on detention the Supreme Court shall be obligated to examine such case.

Article 254

If the Supreme Court examines a petition for appeal to the Supreme Court because of its compliance with the provisions as intended in Articles 245, 246 and 247, the Supreme Court may decide to reject or grant the petition for appeal to the Supreme Court with respect to the law thereof.

Article 255

(1) If a decision is annulled because a legal regulation has not been applied or has been applied improperly, the Supreme Court itself shall adjudicate such case.

(2) If a decision is annulled because the adjudication has not been conducted in accordance with the provisions of law, the Supreme Court shall stipulate and give instructions so that the court deciding the case concerned shall reexamine the annulled part, or for certain reasons the Supreme Court may stipulate that the case be examined by another court of the same level.

(3) If a decision is annulled because the court or the judge concerned is not authorized to adjudicate the case, the Supreme Court shall stipulate another court or another judge to adjudicate such case.

Article 256

If the Supreme Court grants the petition for appeal to the Supreme Court, the Supreme Court shall annul the court decision upon which appeal to the Supreme Court has been requested and in this case the provisions of Article 255 shall apply.

Article 257

The provisions as regulated in Articles 226 and 243 shall also apply to decisions of the Supreme Court for appeal to the Supreme Court, except that the time limit for sending the copy of the decisions and the case dossier concerned to the court judging it in the first instance shall be seven days.

Article 258

The provisions as intended in Articles 244 up to and including 257 shall apply to the procedure for petitions for appeal to the Supreme Court against the decisions of a court within the military judicature.

CHAPTER XVIIIEXTRAORDINARY REMEDIES

Part OneExamination at the Level of Appeal to Supreme Court for Legal Purposes

Article 259

(1) For legal purposes, the Attorney General may submit a petition for appeal to the Supreme Court once with respect to all decisions having obtained permanent legal force from courts other than the Supreme Court.

(2) For legal purposes, a decision of appeal to the Supreme Court may not harm the relevant parties.

Article 260

(1) For legal purposes, a petition for appeal to the Supreme Court shall be submitted in writing by the Attorney General to the Supreme Court through the clerk of the court deciding the case in the first instance, accompanied by a statement containing the reasons for the petition.

(2) A copy of the statement as intended in paragraph (1) shall promptly be conveyed to the relevant parties by the clerk of the court.

(3) The head of the court concerned shall promptly forward the petition to the Supreme Court.

Article 261

(1) For legal purposes, the Supreme Court shall send a copy of the decision on the appeal to the Supreme Court and the case dossier to the Attorney General and to the court concerned.

(2) The provisions as intended in Article 243 paragraphs (2) and (4) shall also apply in this matter.

Article 262

The provisions as intended in Articles 259, 260 and 261 shall also apply to the procedure for petitions for appeal to the Supreme Court for legal purposes with regard to decisions of a court in the military judicature.

Part TwoJudicial Review of Court Decisions Having Obtained Permanent Legal Force

Article 263

(1) A convicted person or his heirs may submit a petition for judicial review to the Supreme Court with regard to a court decision having obtained permanent legal force, except for a judgment of acquittal or dismissal of all charges.

(2) A petition for judicial review may be made based on the following:

a. if there are new circumstances leading to a strong presumption that if such circumstances are already known at the time the hearing is still in progress, the outcome would have been a decision of acquittal or dismissal of all charges or the charges of the public prosecutor would not have been acceptable or that a lighter criminal provision would have been applied to the case;

b. if in various decisions there are statements that something has been proven, but the matters or circumstances forming the basis and reasons for the decisions declared to have been proven, are in fact contradictory;

c. if a decision clearly shows a mistake of the judge or a factual error.

(3) For the same reasons as intended in paragraph (2), a petition for judicial review may be submitted with regard to a court decision having obtained permanent legal force, if in that decision an indicted act has been declared proven but it is not followed by the imposition of any sanction.

Article 264

(1) A petition for judicial review by an appellant as intended in Article 263 paragraph (1) shall be submitted to the clerk of the court deciding the case in the first instance, clearly stating the reasons therefor.

(2) The provisions as intended in Article 245 paragraph (2) shall also apply to a petition for judicial review.

(3) A petition for judicial review shall not be limited to any certain period of time.

(4) If the appellant submitting the petition for judicial review is a convicted person with poor understanding of the law, at the time of receiving a petition for judicial review the clerk shall be obligated to inquire as to the reasons for which the appellant is submitting such petition and for this purpose the clerk shall prepare the written petition for judicial review.

(5) The head of the court shall promptly send the written petition for judicial review and the case dossier to the Supreme Court, accompanied by explanatory notes.

Article 265

(1) After receiving a petition for judicial review as intended in Article 263 paragraph (1) the head of the court shall appoint a judge who did not examine the original case for which a judicial review has been requested, to examine whether the petition for judicial review fulfills the reasons as intended in Article 263 paragraph (2).

(2) In the examination as intended in paragraph (1) the appellant and the public attorney shall be present and may state their opinions.

(3) Minutes of such examination shall be prepared and signed by the judge, the public attorney, the appellant and the clerk of the court and based on this minutes, a minutes of opinions shall be prepared and signed by the judge and the clerk.

(4) The head of the court shall promptly submit the petition for judicial review and the dossier of the original case, the minutes of examination and the minutes of opinions to the Supreme Court with carbon copies of the cover letter sent to the appellant and the public attorney.

(5) If a case for which judicial review has been requested constitutes a decision of an appellate court, carbon copies of the cover letter must be accompanied by carbon copies of the minutes of examination and the minutes of opinions and delivered to the appellate court concerned.

Article 266

(1) If a petition for judicial review does not fulfill the provisions as intended in Article 263 paragraph (2) the Supreme Court shall declare that the petition for judicial review is unacceptable by stating the reasons therefor.

(2) If the Supreme Court is of the opinion that the petition for judicial review may be accepted for examination, the following provisions shall apply:

a. if the Supreme Court does not justify the reasons of the appellant, the Supreme Court shall reject the petition for judicial review by a stipulation that the decision for which the judicial review has been requested shall remain in effect, accompanied by the basis of its considerations;

b. if the Supreme Court justifies the reasons of the appellant, the Supreme Court shall annul the decision for which the judicial review has been requested and render a decision which may take the form of:

1. a decision of acquittal; 2. a decision dismissing all charges; 3. a decision that the charges of the public prosecutor are

unacceptable; 4. a decision applying a lighter criminal provision.

(3) The sanction imposed by under the decision of judicial review may not exceed the sanction imposed under the original decision.

Article 267

(1) A copy of the Supreme Court's decision regarding a judicial review and the case dossier shall be sent to the court referring the petition for judicial review within seven days after the decision has been rendered.

(2) The provisions as intended in Article 243 paragraphs (2), (3), (4) and (5) shall also apply to decisions of the Supreme Court regarding judicial review.

Article 268

(1) A petition for judicial review of a decision shall not postpone or cease the implementation of such decision.

(2) If a petition for judicial review has been accepted by the Supreme Court and in the meantime the appellant has died, it shall be the choice of the heirs whether or not such judicial review is to be continued or not.

(3) A petition for judicial review of a decision may only be made once.

Article 269

The provisions as intended in Articles 263 up to and including 268 shall apply to the procedures for submitting petition for a judicial review of a court decision within the military judicature.

CHAPTER XIXTHE IMPLEMENTATION OF COURT DECISIONS

Article 270

The implementation of court decisions having obtained permanent legal force shall be conducted by the public attorney, for which purpose a copy of the decision shall be sent to him by the clerk of the court.

Article 271

In the case of a capital punishment the implementation shall take place out of public view and in accordance with the provisions of law.

Article 272

If a convicted person is subject to imprisonment or confinement and subsequently is subject to a similar sanction before he has served the sanction previously imposed, the sanctions shall be served consecutively starting with the sanction first imposed.

Article 273

(1) If a decision imposes a fine, the convicted person shall be given a period of one month to pay such fine except for decisions in an express examination procedure which must be immediately paid in full.

(2) If there is a strong reason, the time limit as intended in paragraph (1) may be extended for a maximum of one month.

(3) If a decision also stipulates that the evidence shall be confiscated for the state, with the exception as intended in Article 46, the public attorney shall entrust the objects to the state auction house in order to be sold by auction within three months, the proceeds of which shall be deposited into the state treasury for and on behalf of the public attorney.

(4) The time limit as intended in paragraph (3) may be extended for a maximum of one month.

Article 274

If the court also renders a decision for compensation as intended in Article 99, the implementation thereof shall be conducted according to the procedures for decisions in civil cases.

Article 275

If more than one person is convicted in one case, the case fees and or compensation as intended in Article 274 shall be borne jointly by the convicted persons in equal proportions.

Article 276

If a court imposes a conditional sentence, the implementation thereof shall be conducted under strict supervision and observation and in accordance with the provisions of law.

CHAPTER XXSUPERVISION AND OBSERVATION OF THE IMPLEMENTATION OF COURT DECISIONS

Article 277

(1) In every court there must be a judge given a special duty to assist the head of the court in carrying out supervisions and observation of the implementation of decisions that impose sanctions in the form of deprivation of liberty.

(2) The judge as intended in paragraph (1) who shall be called supervising and observing judge, shall be appointed by the head of the court for the maximum period of two years.

Article 278

The public attorney shall send a carbon copy of the minutes on implementation of decision duly signed by himself, by the head of the correctional institution and by the convicted person, to the court deciding the case in the first instance and the clerk of the court shall record it in the register of supervision and observation.

Article 279

The register of supervision and observation as intended in Article 278 shall be worked upon, closed and signed by the clerk every business day and it shall also be signed by the judge for acknowledgment as intended in Article 277.

Article 280

(1) The supervising and observing judge shall conduct supervision in order to obtain certainty that the decision is being properly implemented.

(2) The supervising and observing judge shall conduct observations to obtain research material for the benefit of improving the imposition of sanctions, to be obtained from the behavior of inmates or the guidance of correctional institutions and reciprocal effects on the inmates while serving their sentences.

(3) The observation as intended in paragraph (2) shall be continued after the convicted person finishes serving his sentence.

(4) The supervision and observation as intended in Article 277 shall also apply to conditional sentences.

Article 281

Upon the request of the supervising and observing judge, the head of the correctional institution shall periodically or at any times provide information about the behavior of certain inmates under the observation of such judge.

Article 282

If it is considered necessary for the sake of effective observation the supervising and observing judge may discuss with the head of the correctional institution about methods of guidance for certain inmates.

Article 283

The result of supervision and observation shall be reported periodically to the head of the court by the supervising and observing judge.

CHAPTER XXITRANSITIONAL PROVISIONS

Article 284

(1) Provisions of this law shall as far as possible be applied to cases which existed prior to the enactment of this law.

(2) Within two years after promulgation of this law all cases shall be subject to the provisions of this law, with temporary exception for special provisions on criminal procedure as intended in certain laws, until they are amended and or are declared null and void.

CHAPTER XXIICLOSING PROVISIONS

Article 285

This law shall be called the Criminal Procedure Code.

Article 286

This law shall come into effect on the date of its promulgation.

For public cognizance, this law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta on 31 December 1981

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

sgd. SOEHARTO.

Promulgated in Jakarta on 31 December 1981

MINISTER/STATE SECRETARY OF THE REPUBLIC OF INDONESIA

sgd.

SUDHARMONO S.H.

STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 76 Year 1981

ELUCIDATIONON THELAW OF THE REPUBLIC OF INDONESIANUMBER 8 YEAR 1981REGARDINGCRIMINAL PROCEDURE

I. GENERAL

1. The regulation forming the basis for the implementation of the criminal procedure in public judiciary prior to the enactment of this law was the "Revised Indonesian Regulation" also known under the name of "Het Herziene Inlandsch Reglement" or H.I.R. (Staatsblad Year 1941 Number 44) which based on Article 6 paragraph (1) of Law Number 1 Drt. Year 1951, must as far as was possible be taken as a guide regarding the procedure in civilian criminal cases by all courts and district prosecutor's offices in the territory of the Republic of Indonesia, except for a few amendments and supplements.

Law Number 1 Drt. Year 1951 was intended to unify the criminal procedure, previously consisted of criminal procedure for landraad and criminal procedure for raad van justitie.

The presence of these two types of criminal procedure was the consequence of differentiation of courts for indigenous inhabitants and courts for European nationals during the Dutch East Indies period which continued to be maintained, despite the fact that the old "Indonesian Regulation" (Staatsblad Year 1848 Number 16) had been reformed by the Revised Indonesian Regulation (R.I.B.), because the objective of this reform was not intended to unify the criminal procedure, but was rather intended to improve the criminal procedure of the raad van justitie.

Even though Law Number 1 Drt. Year 1951 stipulated that there should only be one criminal procedure applicable throughout Indonesia, namely the R.I.B., the provisions set forth therein were evidently not adequate to guarantee the protection of human rights, the protection of dignity and integrity of mankind as should be properly applied by a nation governed by law. In particular, the R.I.B. contained no regulations on legal assistance during examinations by an investigator or public prosecutor nor did it contain any provisions on the right to obtain compensation.

Therefore, for the sake of law development and in relation to matters explained above, it is necessary to revoke "Het Herziene Inlandsch Reglement" (Staatsblad Year 1941 Number 44) in relation to and Law Number 1 Drt. Year 1951.(State Gazette Year 1951 Number 59, Supplement to the State Gazette Number 81) and all implementation regulations thereof and the provisions set forth in other laws and regulations, insofar as regarding the criminal procedure, because they are not in accordance with the objectives of national law and to replace them with a new law of criminal procedure which shall have codifying and unifying features based on Pancasila and the 1945 Constitution.

2. The 1945 Constitution clearly explains that the State of Indonesia is based on law (rechtsstaat), and not based on mere power (machtsstaat). This means that the Republic of Indonesia is a democratic nation governed by law based on Pancasila and the 1945 Constitution, upholding human rights and guaranteeing equal status in law and government for all its citizens, and is obligated to respect the law and government without any exception.

It is clear that the observance, practice and implementation of human rights as well as the rights and obligations of citizens to uphold justice is a must for every citizen, every state administrator, every state institution and social organization whether in the capitol or the provinces and must be realized in and by the presence of this criminal procedure.

Furthermore, as set forth in the Broad Outlines of State Policy (Decree of the People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/1978) the insight for achievement of objectives of national development is the Archipelagic Principle which in the field of law states that the entire Indonesian archipelago is one unified legal entity in the sense that there is only one national law serving the national interests.

For this purpose it is necessary that law be developed and reformed by improving the legislations and that the efforts towards codification and unification of law be continued and improved in certain fields by taking into account the development of legal awareness in the society towards modernization in line with the level of development progress achieved in all fields.

Such developments in the field of criminal procedure law is aimed at enabling society to observe its rights and obligations and to achieve and foster the attitudes of law enforcement officials in accordance with their respective functions and authority towards a true upholding of law, justice and protection which constitute the shelter for the nobility, dignity and integrity of mankind, as well as legal order and certainty in upholding the Republic of Indonesia as a nation governed by law in accordance with the Pancasila and the 1945 Constitution.

3. Therefore, this law regulating the national criminal procedure must be based on the philosophy/view of life of the nation and the foundation of the state and that protection of human rights and obligations of citizens as explained above as well as the principles which will be explained below should properly be reflected in the provisions of its articles or paragraphs.

The principle governing the protection of nobility, dignity and integrity of mankind which has been set forth in the Law regarding the Basic Provisions of the Judicial Powers, namely Law Number 14 Year 1970 must be upheld in and by this law.

Such principle represents among other things:

a. Equal treatment for every one before the law without any discrimination.

b. Arrests, detentions, searches and confiscations may only be conducted based on written warrants by officials who are authorized by the law and only in the case and according to the procedures as regulated by the law.

c. Anyone suspected, arrested, detained, prosecuted and or brought before a court, must be regarded innocent until there is a court decision having permanent legal force declaring his guilt.

d. Any person arrested, detained, prosecuted or tried without any lawful reason and or because of a mistake regarding his identity or the law applied shall be entitled to obtain compensation and rehabilitation from the level of investigation and law enforcement officials who deliberately or because of their negligence have caused the violation of such principle of law shall be subject to prosecution, sanction and or administrative sanction.

e. Adjudication which must be carried out quickly, simply and at the lowest cost in a free, honest and impartial manner must be realized consistently at all levels of judiciary.

f. Anyone involved in a case must be given an opportunity to obtain legal assistance which is provided solely in the interest of his defense.

g. A suspect, from the time of his arrest and or detention, must be informed of the indictment against him and of the legal basis for what the suspect is being indicted, as well as of his rights, including the right to contact and obtain the assistance of legal counsel.

h. A court shall try a criminal case in the presence of the defendant.

i. Court examinations shall be open to the public, except as otherwise regulated by the law.

j. Supervision of the implementation of the court decisions in a criminal case shall be conducted by the head of the district court concerned.

4. Upon the foundation as described above in a perfect and integrated whole, reform is made in the criminal procedure which is also intended as an effort to compile the provisions of criminal procedure presently found in various laws into one law regarding national criminal procedure in accordance with the objective of codification and unification. It is based on these considerations that this law on criminal procedure is called the " Criminal Procedure Code," abbreviated as K.U.H.A.P.

This Code does not only contain provisions on the procedure in a criminal process, but also the rights and obligations of those involved in a criminal process and the criminal procedure of the Supreme Court after the revocation of the Law on the Supreme Court (Law Number 1 Year 1950) by Law Number 13 Year 1965.

II. Article-by-Article

Article 1 Sufficiently clear.

' Article 2 a. The scope of this law follows the principles adhered to by the

Indonesian criminal law.

b. Referred to as "public judiciary" includes specializations as set forth in the elucidation of the last section of Article 10 paragraph (1) of Law Number 14 Year 1970.



Article 5 Paragraph (1)

Sub paragraph a

Point 1 through 3 Sufficiently clear.

Point 4Referred to as "other actions" are actions taken by an

Inquirer for the purposes of investigation provided that such acts: a) are not contrary to any rule of law; b) are consistent with the legal obligation requiring

the taking of such official actions; c) are proper and reasonable and within the scope

of his authority; d) are considered suitable in urgent circumstances; e) respect human rights.

Sub paragraph b Sufficiently clear.


Sufficiently clear.

Paragraph (2) The status and rank of investigators as set forth in a government

regulation must be consistent with and equivalent to the status and rank of public prosecutors and judges in the public judicature.

Article 7

Paragraph (1)Sub paragraph a through h

Sufficiently clear.

Sub paragraph i See Article 109 paragraph (2).

Sub paragraph j See the elucidation to Article 5 paragraph (1) sub paragraph a

sub-sub paragraph 4.

Paragraph (2) Referred to as "investigator in this paragraph" is for instance a customs

and excise official, an immigration official and a forestry official, who carries out investigative duties in accordance with special authorities granted by the law which constitutes the legal basis thereof.

Paragraph (3) Sufficiently clear.


Article 9 In urgent circumstances, an immigration official, upon the written instruction

of the Minister of Justice, may, for certain duties for the purposes of investigation, perform his duties in accordance with the provisions of the prevailing laws.


Referred to as "an official of the police force of the Republic of Indonesia" includes certain civil servants within the police force of the Republic of Indonesia.


Article 11 The delegation of authority to detain to an assistant investigator may only be

granted when a warrant from an investigator is not possible due to very urgent matters and circumstances or where there are obstacles to communicate in isolated areas or in places that do not have any investigator and or in other cases which can reasonably be accepted.



Article 14 Sub article a through h

Sufficiently clear.

Sub-article i Referred to as "other actions" include, among other things, the

checking of a suspect's identity, evidence with due observance of the limits of authorities and functions of the investigator, the public prosecutor and the court.

Sub article j Sufficiently clear.



Referred to as "upon the order of the investigator" also includes the assistant investigator as intended in the elucidation of Article 11.

The aforementioned order constitutes a written warrant separately prepared, issued prior to the arrest.


Article 17 Referred to as "sufficient preliminary evidence" is preliminary evidence to

presume that there has been a criminal act in accordance with Article 1 sub-article 14. This Article indicates that an arrest cannot be carried out arbitrarily, but must be aimed at those who actually committed a criminal act.


An arrest warrant is issued by a authorized official of the police force of the Republic of Indonesia in conducting an investigation within his jurisdiction.





Article 21




Paragraph (4)

Sub paragraph a Sufficiently clear.

Sub-paragraph b A suspect or defendant who is addicted to narcotics

should as far as possible be detained in a certain place which also serves as a rehabilitation center.


As long as there is no state detention house in the relevant place, detainees may be kept at the state police office, at the district prosecutor's office, at the correctional institution, at a hospital and in urgent circumstances, at other places.

Paragraphs (2) and (3) A suspect or a defendant may only leave a house or a town upon the

permission of the investigator, public prosecutor or judge who issued the warrant of detention.





Sufficiently clear.

Paragraph (2) Any extension of detention may only be granted by an official

authorized to do so based on reasons and a summary as the results of examination submitted to him.



Article 25


Paragraph (2) Any extension of detention may only be granted by an official

authorized to do so based on reasons and a summary as the results of examination submitted to him.







Referred to as "purposes of an examination" is an examination that cannot be completed within the stipulated detention period. Referred to as "serious physical or mental disturbance" is the condition of a suspect or a defendant making it impossible for him to be examined for physical or mental reasons.





Paragraph (6)Sufficiently clear.

Paragraph (7) a. Although the case dossier has not been submitted to a district court,

objections to the legality of detention at the level of investigation or prosecution that has been extended based on Article 29, may be filed to the head of an appellate court to be examined and decided upon.

b. With regard to an extension of detention at the level of examination of appeal to the Supreme Court as intended in paragraphs (2) and (3) no objection may be filed because the Supreme Court constitutes the final level of judicature and the institution exercising the highest control over the actions of other courts.

Article 30Sufficiently clear.

Article 31Referred to as "stipulated requirements" is the obligation to report, not to leave

a house or town.

The period of postponed detention of a suspect or a defendant is not included in the period of his status as detainee.


Article 33Paragraph (1)

To carry out a house search, an investigator must have written approval from the head of a district court in order to guarantee the rights of a person for his residence.

Paragraph (2) If it is not the investigator himself who conducts the house search, the

other police officer must be able to show not only the written approval from the head of a district court but also a written order from the investigator.


Paragraph (4) Referred to as "two witnesses" is members of the local community

concerned.

Referred to as "head of the neighborhood" is the head or deputy head of a village, the head or deputy head of a neighborhood, the head or deputy head of a locality, the head or deputy head of an equivalent institution.


Article 34Paragraph (1)

"Urgent circumstances" exist when at a place to be searched it is strongly presumed that there is a suspect or a defendant present likely to soon escape or to repeat a criminal act or that there are objects present which could be confiscated and likely to soon be destroyed or removed whereas written approval from a district court is impossible to be obtained in a proper way and in such a short time.




Article 37

A body search covers the examination of body cavities, for women to be conducted by a female official. If an investigator is of the opinion that it is necessary to conduct an examination of body cavities, the investigator shall request the assistance of a health official.




Article 41 Referred to as "documents" include cables, telexes and other things containing

a message.




As long as there is not a state storehouse for confiscated objects in the relevant place, the confiscated objects may be kept at an office of the police force of the Republic of Indonesia, at the district prosecutor's office, at the office of a district court, in a building of a government bank or, in urgent circumstances, in another place of storage or such objects may remain at the place where they were previously confiscated.



Referred to as objects which may be secured are, among others, objects which are easily flammable, explosive, and therefore must be guarded and specially marked or objects which may endanger the people's health and the environment. A state auction office performs auctions after consultations with the local investigator or public prosecutor or the judge concerned in accordance with the level of examination in the legal proceedings and with an agency having the expertise in determining the nature of objects that can be easily damaged.

Paragraphs (2) and (3) Objects for the purposes of substantiation which by their nature can be

easily damaged may be sold at auction and the proceeds of the auction may be used as

a replacement to be submitted at the hearing, while a small portion of such objects shall be set aside to serve as evidence.

Paragraph (4) Referred to as "objects confiscated for the state" are objects which

must be surrendered to the ministry concerned, in accordance with the provisions of the prevailing laws and regulations.


Objects which are subject to confiscation are required for examination as evidence. As long as an examination continues, it can be found out whether or not such objects are still required. If an investigator or public prosecutor is of the opinion that such confiscated objects are no longer required for the purposes of substantiation, then such objects may be returned to the party concerned or the owner. In returning confiscated objects, the humanity aspect should as far as possible be taken into account by giving priority to returning objects which constitute a source of Livelihood.



Referred to as "other documents" are documents which have no direct connection with the criminal act being examined but are suspected for strong reasons.





Article 50 The granting of rights to a suspect or a defendant in this article is intended to

avoid the possibility of a person suspected of having committed criminal act facing an uncertain fate, especially those subjected to detention, to prevent them from prolonged detention without being examined, so that they may feel that there is no legal certainty, that they are being arbitrarily and improperly treated.

In addition to that, this is also intended to conduct simple, fast and inexpensive legal proceedings.

Article 51

Sub-article a By having the person suspected of having committed a criminal

act informed and understood what he has been suspected of, he will feel his interest in making preparations for a defense is guaranteed. Consequently he will know the seriousness of the suspicion against him so that he may thereafter be able to consider the level or kind of defense needed, for instance whether or not he will seek legal assistance for the defense.

Sub-article b In order to avoid the possibility of a defendant being examined

and adjudicated at the hearing for an action he is indicted of having committed but which he does not understand and because a hearing is the most important place for a defendant to defend himself, since it is there that he can freely state anything he needs for his defense, the court provides interpreters for this purpose for defendant of foreign nationality or who do not understand the Indonesian language.

Article 52 In order that an examination may result in something that does not deviate

from the truth, a suspect or a defendant must be kept away from the feeling or fear. Therefore, the application of force or pressure against a suspect or a defendant must be prevented.

Article 53 Not all suspects or defendants understand the Indonesian language well,

especially foreigners, so that they do not understand what they really are suspected or indicted of. Therefore, they have the rights to have the assistance of an interpreter.




Recognizing the principle that legal proceedings must be conducted simply, quickly and inexpensively and considering that those who are subject to a sanction of imprisonment of less than five years are not subject to detention except for the criminal acts as intended in Article 21 paragraph (4) sub-paragraph b, for those who are subject to a sanction of imprisonment of five years or more, but less than fifteen years, the appointment of legal counsel must be adjusted to the development and availability of legal counsel at the relevant place.



Article 58

Sufficiently clear.








Article 66 This provision is a manifestation of the principle of "presumption of

innocence."


Article 68 Sufficiently clear,




Article 72 Referred to as "for the purposes of his defense" is that they are obligated to

keep the content of the minutes for themselves.

Referred to as "copy" may be a photocopy.

Referred to as "examination" in this article is an examination at the level of investigation, namely only the examination of a suspect.

At the level of prosecution means examination of the entire case dossiers including the indictment. Examination at the level of hearing means examination of the entire case dossiers including the court decision.

Article 73 If it is proven that there has been an abuse of this article, the provisions of

Article 70 paragraphs (2), (3) and (4) shall apply.




Article 77 Referred to as "cessation of prosecution" does not include the setting aside of

a case for public interest under the authority of the Attorney General.



Article 80 This Article is intended to uphold the law, justice and truth by means of

horizontal supervision.





Article 85 Referred to as "the conditions in an area do not allow" are among other things

regional insecurity or natural disasters.

Article 86

Our Criminal Code adheres to the principle of active personality and the principle of passive personality, which opens the possibility for an offense committed abroad to be tried in accordance with the Criminal Code of the Republic of Indonesia. To facilitate and ensure smoothness in the adjudication of criminal cases, the Central Jakarta District Court has been appointed as the court authorized to adjudicate such cases.










Referred to as "the harm of having been subjected to other actions" is the harm caused by a house entry, a search and confiscation which are not legal. Included in detention without reason is detention longer than the sanction imposed.





Article 96

Sufficiently clear.



The joining of a claim with a criminal case has the intention of having the claim and the criminal case concerned examined and decided upon at the same time. Referred to as "harm to another person" includes harm to a victim.

Paragraph (2) The absence of a public prosecutor is in an express examination.










The investigator as intended in Article 6 paragraph (1) sub-paragraph a, whether requested or not, is obligated based on his responsibility to give assistance to the investigator as intended in Article 6 paragraph (1) sub-paragraph b. For this purpose, the investigator as intended in Article 6 paragraph (1) sub-paragraph b is obligated to inform the investigator as intended in Article 6 paragraph (1) sub-paragraph a about the investigation from the outsets.

Paragraph (2) The investigator as intended in Article 6 paragraph (1) sub-paragraph b

in investigating a criminal case is obligated to report this fact to the investigator as

intended in Article 6 paragraph (1) sub-paragraph a. This is necessary in the context of coordination and supervision.

Paragraph (3) The report from the investigator as intended in Article 6 paragraph (1)

sub-paragraph b to the investigator as intended in Article 6 paragraph (1) sub-paragraph a must be accompanied by minutes of the examination to be sent to the public prosecutor. This also applies if the criminal case is not referred to the public prosecutor.


Article 109 The notification by the investigator as intended in Article 6 paragraph (1) sub-

paragraph b is made through the investigator as intended in Article 6 paragraph (1) sub-paragraph a.


Article 111 Sufficiently clear


The summons must be made by a valid written summons, namely, a written summons signed by an authorized investigating official.



Article 114 To uphold human rights, the suspect should be informed from the stage of

investigation that he has the right to be assisted by legal counsel during court examination.


Legal counsel should passively follow the course of the examination.



Sufficiently clear.


Paragraph (3) Referred to as a witness who may be favorable for the suspect is

among others a witness a de charge.




Sufficiently clear.

Paragraph (2) If a witness is unwilling to sign the minutes, he must give a good

reason.

Article 119 If the investigation outside the jurisdiction is conducted by the investigator

handling the case in the first place, he must be accompanied by the investigator of the jurisdiction where the investigation is conducted.





With respect to detention of a suspect by the investigator, the suspect, his family or his legal counsel may state their objections to such detention to the investigator, or to the government agency concerned, accompanied by the reasons therefor.



Paragraph (4)

Sufficiently clear.



Article 125 This Article is intended to avoid arbitrary actions against a person.





Article 130 This Article is intended to prevent confusion with other objects which have no

connection with the particular case for which the objects have been confiscated.



Sufficiently clear.

Paragraph (2) Referred to as "the public official in charge of keeping" is among

others, an authorized official of the state archives, the vital records, the probate court, a notary in accordance with the prevailing laws and regulations.






Sufficiently clear.

Paragraph (2) Testimony given by a court-appointed medical expert is referred to as

expert testimony, whereas testimony given by a doctor who is not a court-appointed medical expert is referred to as testimony.



Article 135 Referred to as "disinterment of a corpse" includes the taking of a corpse from

all types of places and means of burial.



Article 138 Referred to as "research" is the acts of the public prosecutor in preparing a

prosecution, whether a person and or an object mentioned in the results of an investigation is in accordance with or meets the requirements of substantiation conducted in the context of giving guidelines to the investigator.



Sufficiently clear.

Paragraph (2) Sub paragraph a

Sufficiently clear.


Sub paragraph c Sufficiently clear.

Sub paragraph d

The new reason is obtained by the public prosecutor from the investigator which originates from the testimony of the suspect, witnesses, objects or indicators which are only subsequently found or obtained.

Article 141


Sub paragraph b Referred to as "criminal acts which are interrelated one with the

other" is when such criminal acts are committed: 1. by more than one person in cooperation and are

committed at the same time; 2. by more than one person at different times and places,

but which constitute the carrying out of a conspiracy previously made by them; 3. by more than one person with the aim to obtain a tool to

be used to commit another criminal act or to avoid the imposition of a sanction because of another criminal act.



Article 143 Referred to as "referral letter of a case" is a letter referring the case itself

together with the indictment and the case dossier.


Article 145




Paragraph (4) Referred to as "another person" is a family member or legal counsel.




Sufficiently clear.

Paragraph (2) If it is the district prosecutor's office that receives the referral letter of a

case from the original district prosecutor's office, he shall prepare a new referral letter to be delivered to the district court stated in the stipulation.






Referred to as "the appointed judge" is a panel of judges or a single judge.

Paragraph (2) The summoning of the defendant(s) and witness(es) is validly

conducted by the public prosecutor with written summons which must have been received by the defendant within a period of at least three days prior to the hearing.


Sufficiently clear.



Paragraph (4)The application of the guarantee as provided for in paragraph (3) above

has been confirmed, as is evidenced by the incurring of legal consequences if the principle of open hearing is not applied.

Paragraph (5)

To ensure that the minds of underage children are not influenced by the acts committed by the defendant, especially in cases of serious felonies, the judge may stipulate that children under the age of seventeen years, except those who are or have ever been married, shall not be allowed to attend a hearing.


Referred to as "without being tied" is a condition of not being chained without reducing the guards.



Paragraph (4) The presence of the defendant at the hearing is an obligation of the

defendant, and does not constitute his right, therefore the defendant must be present at the hearing.


Paragraph (6) If despite serious efforts to obtain his presence in a proper manner, the

presence of the defendant has not been realized, the defendant may be forced to attend the hearing.



Sufficiently clear.

Paragraph (2) In order to guarantee protection of the right of the defendant to present

his defense, the public prosecutor shall provide an explanation of the indictment, however this explanation may only be made at the outset of the hearing.





This paragraph intends to prevent witnesses from influencing each other, so that they are unable to testify freely.

Paragraph (2) To become a witness is one of the obligations of every person. A

person who becomes a witness after having been summoned to a hearing to testify but refuses to meet this obligation may be subject to sanction based on the prevailing provision of law. The same shall apply to experts.


Article 161. Paragraph (1)

Sufficiently clear.

Paragraph (2)The testimony of a witness or an expert who has not taken an oath or

pledge may not be regarded as valid evidence, but merely as testimony which may confirm the conviction of the judge.




Sufficiently clear.


Paragraph (3) A judge is authorized to remind both the public prosecutor and legal

counsel, if the questions asked are not relevant to the case.


Article 166 If a question mentions a criminal act that has not been acknowledged as

having been committed by the defendant or has not been stated by a witness, but is deemed as if it had been acknowledged or stated, such question is regarded as a devious question.

This Article is important because such devious question may not be asked to the defendant, or to any witness.

This is in accordance with the principle that the testimony of a defendant or a witness must be given freely at all levels of examination.

In an examination, an investigator or a public prosecutor may not use pressure in any way whatsoever, especially in a court examination. Such pressure can take the form of a threat and so forth, causing a defendant or a witness to testify to things different from things regarded as free expression of his thoughts.


To facilitate the examination of witnesses, the presiding judge may at times find that a witness whose testimony has been heard will be harmful to the next witness giving testimony, so that it is necessary that the first witness leave the court room while the testimony of the next witness is heard.

Paragraph (2)The defendant or the public prosecutor may at times object to the

removal of a witness from the court room as intended in paragraph (1), for example if the presence of such witness is necessary so that he may listen to the testimony given by the next witness for the sake of completeness of the testimonies of witnesses.





An occupation or position requiring an obligation to keep secrets shall be stipulated by laws and regulations.

Paragraph (2) If there are no laws or regulations regarding the aforementioned

position or occupation, then as stipulated by this paragraph, the judge should determine whether or not the reason given for obtaining such exemption is valid.

Article 171 Considering the fact that children under fifteen years of age, as well as people

who are insane, mentally ill, mad even though only occasionally, who in psychiatry are referred to as psychopaths, cannot be held fully responsible under criminal law, no oath or pledge may be taken for their testimonies, and therefore their testimony may only be used as an indication.


Article 173 If in the opinion of a judge, a witness will feel under pressure or not free to

testify if the defendant is present at the hearing, the judge may, to avoid unwanted consequences, order the defendant to temporarily leave the courtroom while the judge asks questions to the witness.












Sub-paragraph c If the defendant is unable to write, the clerk shall record his defense.

Paragraph (2) The reopening of a hearing is intended to allow for the collection of

additional data to serve as material for the judges' meeting.




Paragraph (6) If unanimous consensus is not reached, the differing opinion of one of

the judges on the panel shall be recorded in the minutes of session of the panel which shall be considered confidential.



Article 183 This provision is intended to guarantee that truth, justice and legal certainty

will be upheld for a person.

Article 184 In an express examination, it is sufficient that the conviction of a judge be

supported by one legal evidence.


The testimony of a witness does not include information obtained from another person or testimonium de auditu.





Paragraph (6) This paragraph is intended to remind judges to ensure that a witness'

testimony is given in a truly free, honest and objective manner.


Article 186 Such expert testimony may also be given at the time of examination by the

investigator or public prosecutor and stated in the form of a report made under oath at the time he accepted his position or occupation. If such was not given at the time of examination by the investigator or public prosecutor, during the court examination he should be requested to testify and this should be recorded in the minutes of examination. Such testimony should be given after the expert takes an oath or pledge before the judge.

Article 187


Sub paragraph b Referred to as "a document prepared by an official", includes

documents issued by a panel authorized for that purpose.


Sub paragraph d Sufficiently clear.





Referred to as "not legally and convincingly proven to be guilty for the acts he is being indicted of" is that there is not sufficient evidence in the judge's assessment based on substantiation by using evidence according to the provisions of this criminal procedure.


Paragraph (3) If the defendant is still kept in detention for other valid reasons, such

reasons shall be clearly explained to the head of the district court as the supervisor and observer of the implementation of court decisions.



Sufficiently clear.


The aforementioned order for detention of the defendant is when the judge of the court of first instance rendering the decision is of the opinion that such detention must be carried out due to a concern that so long as the decision has not obtained permanent legal force, the defendant will escape, damage or destroy the evidence or repeat the criminal act.



Sufficiently clear.

Paragraph (2) A stipulation on delivery of such objects, for example, is when such

objects are essential to earn a living, such as vehicles, agricultural tools, etc.

Paragraph (3) The delivery of such evidence may be conducted even though a

decision has not obtained permanent legal force, but must be accompanied by certain requirements, among others, that such objects may at any time be brought intact before the court.



This paragraph is taken from the principle contained in Article 16 of Law Number 14 year 1970. Since provisions on "examination" have been set forth earlier, this paragraph only sets forth the aspect of "deciding a case".

Paragraph (2) After its pronouncement, the decision becomes effective for the

defendant, whether or not he is present. This paragraph is intended to protect the interests of the defendant present and to guarantee the entire legal certainty in such a case.

Paragraph (3) The intent of this notification is to make the defendant aware of his

rights.

Article 197


Sufficiently clear.



Sub paragraph d Referred to as "facts and conditions" here is everything

available and found at the hearing by the parties to the proceeding, among others the public prosecutor, witnesses, experts, the defendant, legal counsel and testifying victims.

Paragraph (2) Except for that which is referred to in sub-paragraphs a, e, f and h,

when there is an oversight and or mistake in writing, the oversight and or mistake in writing or typing will not cause the decision to be null and void.




Article 200 This provision is to give certainty to the defendant so that the time for

obtaining such written decision will not be prolonged, in the context of his application of remedies.

Article 201 This provision gives certainty as to the possibility of a false or falsified

document being used as evidence, where remedies are applied. In addition, this provision is intended to ensure careful handling of the case dossier by the clerk of the court.





The criminal act of "minor defamation" is included here by being referred to separately, since it is minor in nature even though it may be subject to a maximum imprisonment of four months.

Paragraph (2) Referred to as "based on a power of attorney" from the public

prosecutor to the investigator is by the law. If the public prosecutor is present, this does not reduce the value of such "based on a power of attorney."




Sub-paragraph a The intention of such notification is so that the defendant may

meet his obligation to come to the hearing on the designated day, date, time and place.

Sub-Paragraph b In accordance with the express examination procedure, the

examination is conducted on the very same day.

Paragraph (2) Sub-Paragraph a

Because of their fast settlement, cases adjudicated according to express examination procedure are noted down in the register at the same time with each of them given a number so that they may be settled consecutively.

Sub-Paragraph b This provision gives certainty that in adjudication according to

the express examination procedures there is no need for a written indictment prepared by a public prosecutor as in common examination procedures, rather the criminal act indicted only needs to be entered in the register referred to in sub-paragraph a.


Article 209 The provision in this article is intended to accelerate settlement of cases,

which nevertheless are to be handled most carefully.


Article 211 Referred to as "cases involving certain violations" are: a. the use of road(s) in a way that may obstruct or endanger traffic order

or safety or which may give rise to damage of the road(s); b. the driving of motor vehicles without being able to show a driver's

license, a vehicle registration, a valid certificate of vehicle inspection or other certificates required by provisions of traffic laws and regulations or if these documents can be shown but have expired;

c. letting or allowing a motor vehicle to be driven by a person who has no driver's license;

d. failure to meet the provisions of traffic laws and regulations concerning the numbering, lighting, equipment, fixtures, loading of vehicles and the requirements for coupling with another vehicle;

e. allowing a motor vehicle to be on the road without a valid vehicle plate number, in accordance with certificate of registration for the vehicle concerned;

f. violation of an order given by a road traffic officer and or traffic control signals, lights or signs found on the road;

g. violation of provisions on allowable measurements and loads, methods of picking up and dropping off passengers and or methods of loading and unloading goods;

h. violation of route permits, types of vehicles allowed to operate on designated roads.


Article 213Different from an examination under common procedures, in examinations for

traffic violation cases, the defendant may send a representative to attend the hearing.


Article 215 In accordance with the meaning contained in express examination procedure,

that everything shall proceed quickly and conclusively, confiscated objects shall be returned to the party most entitled at the time the decisions have been fulfilled.



Article 218 The task of a court is a noble one, as it is responsible not only to the law, its

fellow men and itself, but also to God Almighty. Therefore, everyone is obligated to respect the dignity of this institution, especially those who are present in the courtroom while a hearing is in progress and should show the proper respect and politeness and not engage in behavior which could disturb or obstruct the hearing.

Article 219 Referred to as "security officer" in this article is an official of the police force

of the Republic of Indonesia and without prejudice to his authority in the performance of his duties, he is obligated to carry out the instructions of the head of the district court concerned.





Article 224 The safekeeping of written court decision covers the entire dossiers of the case

concerned.



Sufficiently clear.

Paragraph (2) Copies of the written decision may be provided free of charge.

Paragraph (3) This paragraph may not be applied in such a way as to constitute an

additional sanction as intended in the Criminal Code.


Article 228 Each period stipulated in this law shall always be counted from the next day

after an announcement, order or stipulation is issued.






Sufficiently clear

Paragraph (2) By taking into account Article 233 paragraph (1) and Article 234

paragraph (1), the clerk shall not be allowed to accept a petition for appeal of a case which cannot be appealed or a petition for appeal which is filed after the stipulated time limit has expired.

Paragraph (3) Sufficiently clear

Paragraph (4) Sufficiently clear





The purpose of providing a time limit of fourteen days is so that cases on appeal will not be piled up in the district court and will be promptly forwarded to the appellate court.





Article 238

Paragraph (1)Sufficiently clear.

Paragraph (2)If in a criminal case the defendant may, according to law, be detained,

then once the petition for appeal has been filed , it is the appellate court that would determine whether or not the defendant is to be detained. If the detention imposed on an appellant has reaches a duration which is the same as the sanction imposed on him by the district court he must be released immediately.




Improvements in the examination where there has been error in the application of the procedure must be conducted by the district court concerned.
























Article 263 This Article contains a reason to be used in a limitative way to request a

judicial review of decision in a criminal case which has obtained permanent legal force.









Article 272 The purpose of this Article is that sanctions imposed consecutively must be

served by the convicted person in a consecutive manner, one following the other.


Sufficiently clear.


Paragraph (3) The period of three months in this paragraph is intended to take into

account matters which cannot possibly be arranged within a short time.

Paragraph (4) The extension of period as intended in this paragraph should be

observed so as not to postpone the implementation of auction.


Article 275 Since the defendant in cases intended in this article are jointly sanctioned for

having been found guilty of committing criminal acts in the same case, it is reasonable that the case fees and/or compensation be borne jointly and proportionally.


Article 277

Sufficiently clear.




Article 281 The information intended in this article shall be set forth in a stipulated form.




Sufficiently clear.

Paragraph (2) a. Referred to as all cases are cases which have been brought to the court. b. Referred to as "special provisions on criminal procedure as intended in

certain laws" are the special provisions on criminal procedure stated in, among others: 1. Law on the investigation, prosecution and adjudication of

economic criminal acts (Law Number 7 Drt. Year 1955); 2. Law on the eradication of criminal acts of corruption. (Law

Number 3 year 1971), With the provision that all special provisions on criminal procedure as

intended in certain laws will be reviewed, amended or revoked within the shortest possible time.

Article 285 This Criminal Procedure Code is abbreviated as "K.U.H.A.P."


SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 3209

Law on Procedural Law (KUHAP)

Documents

Transcript of Law on Procedural Law (KUHAP)