The type of indictment is an important aspect of criminal law in Indonesia. As a country that adheres to the criminal law system, courts in Indonesia often use the type of indictment as a reference in deciding a case. However, not everyone understands the types of indictments that exist. Therefore, this article will discuss in full about the type of indictment in Indonesia.

Type of Indictment

We can see the type of indictment through the indictment letter read by the Public Prosecutor in the criminal justice process. The inclusion of the type of indictment in the indictment letter is not always explicitly stated, but we can understand it through the structure of the indictment. The inclusion of this type of indictment is closely related to the principle of legality.

Here are some types of indictments.

Primary Indictment

A primary indictment is an accusation against a perpetrator who is suspected of committing the most fundamental criminal act. For example, if someone is suspected of committing theft, then the primary indictment filed is Article 362 of the Criminal Code concerning Theft.

Subsidiary Indictment

A subsidiary indictment is an accusation against a perpetrator who is suspected of committing a criminal act as a complement to the primary indictment. For example, if someone is suspected of committing theft with violence, then in addition to the primary indictment of Article 362 of the Criminal Code, a subsidiary indictment of Article 365 of the Criminal Code concerning Theft with Violence is also filed.