irsan muharam and partners

Justice & Criminal Process

In the criminal justice system , there are interrelated law enforcement agencies, such as the police, prosecutors, courts and correctional institutions. These institutions are involved in the criminal justice process which must be carried out systematically.

The stages in the criminal justice process start from the stage of investigation, prosecution, examination before the court, to the implementation of a court decision or execution. At each stage there are several actions that must be taken to be able to enter the next stage. Each stage is carried out by each institution in accordance with the duties of their authority. Also read: Principles of Criminal Justice in Indonesia

Investigation stage

This step is carried out by the police. Based on their authority, the police can assess and determine an incident as a crime or not. If it is considered a crime, the police will conduct an investigation and then decide whether or not an investigation can be carried out. According to the Criminal Procedure Code (KUHAP), investigation is a series of investigative actions to seek and collect evidence with which evidence makes clear about the crime that occurred.

At the investigation stage, the person suspected of being the perpetrator is designated as a suspect. In carrying out this stage, the police are given the authority to use coercion to complete the investigation. Such coercive measures include: calling, arrest, detention, search, confiscation, and mail check. These efforts were made to provide sufficient evidence for the prosecution and trial of the case.

If the criminal act has been investigated by the investigator, the results of the investigation are submitted to the public prosecutor. The investigation phase is considered complete if the submitted case files are received and declared complete (P21).

Prosecution stage

The next stage is prosecution. This stage is the responsibility of the public prosecutor or prosecutor. According to the Criminal Procedure Code, prosecution is the act of the public prosecutor to transfer a criminal case to the competent district court with a request to be examined and decided by a judge at trial. The delegation of this case is accompanied by an indictment. The indictment was made by the public prosecutor immediately after receiving the results of the investigation which had been declared complete and met the requirements for prosecution. At the prosecution stage, the status of the suspect changes to become a defendant.

inspection stage

Examination of the case in the district court is carried out after the submission of the case by the public prosecutor. Examination of the case by the judge at trial court is based on the indictment of the public prosecutor. At this stage, the public prosecutor will provide evidence obtained from the results of the police investigation. The accused is also given the right to defend himself.  After the examination stage, the judge will give a decision or verdict on the case.

Implementation stage of the court decision

The stage of execution or implementation of a court decision that has permanent legal force is the final stage in the criminal justice process. This stage is carried out by the prosecutor. At this stage, the accused who is found guilty will become a convict.

Convicts who are sentenced to prison or confinement will be executed by being put in a correctional institution. For capital punishment, the implementation will not be carried out in public and based on the applicable law.

Indonesia