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.

Cumulative Indictment

A cumulative indictment is an accusation against a perpetrator who is suspected of committing several criminal acts at once in one unit of action. For example, if someone is suspected of committing theft and embezzlement, then the cumulative indictment filed is Article 362 of the Criminal Code concerning Theft and Article 372 of the Criminal Code concerning Embezzlement.

Alternative Indictment

An alternative indictment is an accusation against a perpetrator who is suspected of committing a criminal act that can be categorized into two or more articles. For example, if someone is suspected of committing unpleasant acts and persecution, then the alternative indictment filed is Article 335 of the Criminal Code concerning Unpleasant Acts and Article 352 of the Criminal Code concerning Persecution.

How to Determine the Right Type of Indictment?

Determining the right type of indictment can be done by paying attention to the elements of the criminal act allegedly committed by the perpetrator. These elements must correspond to the article on which the indictment is based. Therefore, the drafting of the indictment must be carried out carefully and cautiously to avoid defects in the trial process.

In addition, the determination of the type of indictment must also pay attention to the sanctions imposed by law. If the primary indictment already covers all the elements of the crime committed, then there is no need to file a subsidiary indictment. However, if the primary indictment does not yet cover all the elements of the crime committed, then it is necessary to file a subsidiary indictment as a complement to the primary indictment. Determining the right type of indictment is very important in the trial process because it will affect the judge's decision on the case being tried.

What Needs to Be Prepared in Preparing an Indictment?

Preparing an indictment cannot be done carelessly. Some things that need to be prepared in preparing an indictment are as follows.

Studying the Applicable Laws

Before preparing an indictment, the prosecutor must study the applicable laws first. This is important so that the prosecutor can determine the article that corresponds to the crime allegedly committed by the perpetrator.

Collecting Evidence

The prosecutor must also collect evidence that can be used as evidence in the trial process. This evidence can be in the form of witness statements, letters, or evidence found at the scene of the crime.

Drafting the Indictment Letter

After studying the law that applies and collecting evidence, the prosecutor can prepare an indictment letter. The indictment letter must be prepared neatly and clearly so that it is easily understood by the judge, the defendant, and the parties involved in the trial process.