Pre-Trial Application Procedure

Steps for Filing a Pre-Trial Motion

Judge Appointment

After a pre-trial motion is received, the Chief Judge of the District Court will appoint a judge within three days. This judge will preside over the pre-trial hearing.

Pre-Trial Hearing

The pre-trial hearing is presided over by a single judge assisted by a registrar. Upon setting the hearing date, the summoning of the complainant and the respondent in the pre-trial is also carried out.

Hearing Decision

If the main court hearing has commenced before the pre-trial hearing is completed, the pre-trial motion is null and void. The pre-trial decision, except for those determining the invalidity of the termination of investigation or prosecution, cannot be appealed.

Right to File for Pre-Trial

The parties entitled to file for pre-trial include:

  • The suspect, their family, or their attorney regarding the legality of arrest, detention, confiscation, and search.
  • The public prosecutor and interested third parties regarding the legality of the termination of investigation.
  • Investigators or interested third parties regarding the termination of prosecution.
  • The suspect, their heirs, or their attorney (legal counsel) regarding unlawful arrest or detention.
  • The suspect or an interested third party claims compensation regarding the validity of the termination of investigation or prosecution.

Pre-Trial Ruling

Legality or Illegality of Arrest and Detention

If the ruling stipulates that the arrest or detention is illegal, the investigator or public prosecutor must immediately release the suspect. If the termination of the investigation or prosecution is declared illegal, the investigation or prosecution must be continued.

Compensation and Rehabilitation

The pre-trial ruling may also include the amount of compensation and rehabilitation to be given to the suspect if it is found that the arrest or detention was illegal.

Lapse of Pre-Trial Ruling

Lapse Provisions

The pre-trial examination lapses if the case has been examined by the District Court before the pre-trial examination is completed. Constitutional Court Decision No. 102/PUU-XIII/2015 stipulates that the lapse of the judicial application occurs after the case file is sent and the trial of the main case begins.

Conclusion

The pre-trial institution in Indonesia is the authority of the District Court to examine and decide on the legality or illegality of arrests, detentions, investigations, or requests for compensation or rehabilitation. Pre-trial is carried out before the main case is tried in court and aims to protect human rights in the criminal process.

FAQ about Pre-Trial

What is pre-trial?

Pre-trial is a legal process carried out before the main trial to assess the legality or illegality of law enforcement actions such as arrests, detentions, termination of investigations, or prosecutions.

Who has the right to file a pre-trial motion?

The suspect, their family, their attorney, the public prosecutor, the investigator, or an interested third party may file a pre-trial motion.

What can be tested in pre-trial?

The legality or illegality of arrests, detentions, termination of investigations or prosecutions, as well as requests for compensation or rehabilitation.

What is the procedure for submitting a pre-trial motion?

The application is submitted to the District Court, then the Chief Justice appoints a judge to lead the pre-trial hearing.

Can a pre-trial ruling be appealed?

No, except for a ruling that invalidates the termination of investigation or prosecution.

What is the purpose of a pre-trial hearing?

Pre-trial hearings aim to protect human rights in criminal proceedings and ensure that law enforcement actions are carried out in accordance with applicable legal provisions.