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 by the 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.

Pre-trial Mechanism

  1. Pre-trial is led by a Single Judge appointed by the Head of the District Court and assisted by a Registrar (Article 78 paragraph (2) of the Criminal Procedure Code).
  2. The determination of the trial day also contains the summons of the applicant and respondent of the pre-trial.
  3. Within 7 (seven) days from the date the pre-trial application is examined, the application must be decided.
  4. The applicant may withdraw their application before the District Court renders a decision if approved by the respondent. If the respondent approves the proposed withdrawal of the application, the District Court shall issue a determination regarding the withdrawal.
  5. In the event that a case has begun to be examined by the court while the pre-trial examination has not been completed, the application shall be dismissed. This shall be stated in the form of a determination.
  1. Pre-trial decisions cannot be appealed (Article 83 paragraph (1), except for decisions stating "the illegality" of the termination of investigation and prosecution (Article 83 paragraph (2) of the Criminal Procedure Code).
  2. In the event that there is an appeal against a pre-trial decision as referred to in Article 83 paragraph (1) of the Criminal Procedure Code, the application must be declared inadmissible.
  3. The High Court decides on appeals regarding the illegality of the termination of investigation and prosecution at the final level.
  4. A cassation legal remedy cannot be filed against a pre-trial decision.

The Essence of Pre-Trial

The essence of pre-trial is as a means of protecting human rights in the enforcement process criminal law. This is based on the consideration that in the law enforcement process criminal law, law enforcement officials have the authority to carry out coercive measures, such as arrest, detention, search, and confiscation. These coercive measures can have a negative impact on the human rights of suspects/defendants, such as personal freedom, privacy, and property rights. Therefore, pre-trial is present as a means to ensure that the coercive measures taken by law enforcement officials are in accordance with the procedure applicable law. Pre-trial also provides an opportunity for suspects/defendants to object to the coercive measures taken by law enforcement officials.