Legal Literacy - Pre-trial is an important criminal procedure law institution in the Indonesian criminal justice system. Pre-trial is the authority of the District Court to examine and decide on the legality or illegality of an arrest and/or detention, the legality or illegality of the termination of investigation or termination of prosecution, and requests for compensation or rehabilitation.

Understanding Pre-trial

Pre-trial is the authority of the District Court to examine and decide on the legality or illegality of an arrest and/or detention, the legality or illegality of the termination of investigation or termination of prosecution, and requests for compensation or rehabilitation.

Parties Entitled to File a Pre-trial

The following can file a Pre-trial:
  1. The suspect, namely whether the detention against him is contrary to the provisions of Article 21 of the Criminal Procedure Code, or whether the detention imposed has exceeded the time limit specified in Article 24 of the Criminal Procedure Code;
  2. The investigator to examine the legality of the termination of prosecution;
  3. The Public Prosecutor or a third party with an interest to examine the legality of the termination of investigation or termination of prosecution. What is meant by a third party with an interest is, for example, a victim witness.
Claims for compensation, rehabilitation submitted bythe suspect, his family or his legal counsel, must be based on:
  1. Unlawful arrest or detention;
  2. Searches or confiscations that conflict with the provisions of the law and laws;
  3. Mistakes regarding the person arrested, detained or examined.