LEGAL RECOGNITION OF CRIMINAL PROCEDURE

Understanding Criminal Procedure is literally the law that governs how to apply the substantive law ( criminal law ) . Criminal Procedure made aiming to keep the Criminal Law can be implemented , for example in the Criminal Law of the prohibition on killing someone ( Article 338 of the Criminal Code ) punishable criminal highest 15 years , then how countries regulate the public interest to apply the law that is written in the Code ? Then be made to the rules that will implement the Criminal Code of Criminal Procedure which , in this case wearing the Criminal Procedure Code and other regulations that are outside the Criminal Code , for example, contained in Law no. 31 of 1999 on the Corruption which has been converted in Law no. 20 of 2001 on the Amendment of the Law No. 31 Year 1999 on Eradication of Corruption ( if someone is suspected of committing corruption ) .

Thus , it can be concluded that the Code of Criminal Procedure is a rule that contains the implementation of the Criminal Law , which is used to achieve prosperity and justice , if there is an act that stems from the alleged criminal acts to criminal acts .

Legal Events :- In the event this law still speculations . In this process sought to know whether there has been a criminal offense or not .- example :Tono was found covered in blood on the steps of the 2nd floor of Building E FHUI .- Line known criminal offenses :a. complaintb . reportc . caught red-handedd . specific Information

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investigation :

1 . Definition ( Article 1 point 5 of the Criminal Procedure Code ) : " A series of actions of investigators to search for and find an event that is suspected as a criminal offense in order to determine whether or not the investigation in the manner set out in this law . "

> Conclusion :a. Yet surely no crime ;b . No culprit / suspect ;c . There has been no forceful measures , for example the arrest ,detention , search, confiscation , orexamination of the letter ;d . Pro Justitia has been no action .

EXAMPLE :Tono was found covered in blood on the steps of the 2nd floor of Building E FHUI , usually carried out by the police is a crime scene . In the crime scene the police to find out whether the corpse terseb

Authority INQUIRY :> Criminal Procedure Code ( Article 4 of the Criminal Procedure Code ) : INP ( from highest rank lowest hinga )

> grave human rights : national commission of human rights aasasiCorruption : corruption eradication commission , policeWaters : navy Indonesian National ArmyEnvironmental Capital IPR MARKET : BapepamImmigration Smuggling : DG

2 . The duties and authorities ( Article 5 of the Criminal Procedure Code ) : A. Because the authority :i . receive reports or complaints of a criminal activity ;ii . seek information and evidence ;iii . ordered to stop a suspect and asking and checking identificationself ;iv hold another action according to lawin charge .

B. Investigators above command :i arrest , prohibition to leave the place , search and seizure ;ii examination and seizure of the letter ;iii take fingerprints and a photograph ;iv brought in and confronts ainvestigator .---page 2---

investigation * Definition :( Criminal Code Article 1, point 2 ) : a series of actions the investigator in the case and in the manner set out in this law to search for and collect evidence by making light of the evidence on the crime happened and to locate the suspect . "

conclusion :a. It is certain that a crime ;b . There is already a suspect , but may not yetarrested ;c . 've Been searching and collecting evidence ;d . Finding out the suspect / offender;e . Looking victim ( sometimes ) ;f . Existing pemeriksaan-pemeriksaan/Pro Justitia ;g . Forceful measures can be done , for examplearrest , detention , search, confiscation , or mail checks .

* Authorized Investigator :Criminal Procedure Code ( Article 9 of the Criminal Procedure Code )1 . Police ( the rank of Police Lieutenant , Article 2 paragraph ( 1 )letter a PP. 27 of 1983)2 . Investigators : class II b

Other Lawserious human rights : Attorney Generalgraft : KPK , Police , Attorneywaters : Navycapital markets : BapepamIPR : IPR DGImmigration : DGIsmuggling : Customs

* Duties and powers( Article 5 of the Criminal Procedure Code ) Investigators Duties and powers ( Article 7 of the Criminal Procedure Code ) :a. receive statements or complaints about the existence of a criminal offense ;b . The first action in the scene at the time ;c . ordered to stop a suspect and the suspect checking personal identification ;d . arrest, detention , search and seizure ;e . inspection and seizure of the letter ;f . take fingerprints and a photograph ;g . calling the people to be heard and examinedas a suspect or a witness ;h . bring in the necessary expertise inrelation to the proceedings ;i . conduct investigations termination ;j . hold another action according to lawresponsible.

------page 3----INVESTIGATIONEXAMINATIONa. Evidence , Article 184 paragraph ( 1 ) Criminal CodeLimitedly arranged once in Article 184 paragraph ( 1 ) Criminal Procedure Code which witness testimony , expert testimony , letters , instructions , testimony of the defendant , so that in addition to those mentioned in Article 184 paragraph ( 1 ) Criminal Procedure Code is not an evidence .b . exhibiti objects / items used to commit a crime, for example : a knife , a gun to kill .ii objects / goods which is the goal of crime, eg : TV , Fridge in the theft .iii objects / goods used forassist criminal act , eg a screwdriver to pry the home , household tools in the theft .iv objects / items that become proceeds of crime , eg counterfeit money .v Objects / items of information in a special sense , eg fingerprints , photographs, video recordings , CCTV footage .

- Remember ! If there is evidence , but no evidence . Then the proof strength is weak , on the contrary if there is evidence , but the evidence is not there , then the proof is not strong .Example : the murder case no witness testimony , but there is no evidence that the knife used in the killing , the strength of evidence is very weak. So also if the proposed blade without witnesses who saw the evidence then the evidence could be considered absurd .

BAP ( PROCESS VERBAL ) : After examination , the examination was set forth in the BAP ( Official Report / Process Verbal ) , which is divided into two :a. Van Verhoor : a dossier made by investigatorsthe check and give the questions to someone , which is poured in the form of a written statement that will be signed by both parties that the check and examined .b . Van Bevinding : a dossier that made unilaterally by the investigator by visiting certain places , and see sekelilngnya environment and the opinion of the local community as well as pouring field findings in writing and signed by the investigator himself .

The difference is not directly verhoor van into evidence and it would be evidence only when it is proven in court , as they may be in the process of investigation of people who checked lying or making it up or do not know clearly . While van bevinding will be based on the evidence because the observation of the examiner who had been sworn .-----PAGE4----------

Forced efforts - Scope :Meaning - wide : including taking photos , ID cards , fingerprints .Narrow - Meaning : Arrest , Detention , A search , confiscation , Inspection Letter .

ARRESTUnderstanding ( Criminal Code Article 1, point 20 ) :" An investigator measures a temporary restraining freedom of the suspect or the accused if there is enough evidence for the purpose of investigation or prosecution and or justice in the case and in the manner set out in this law . "Terms arrest ( Article 17 of the Criminal Procedure Code ) :

Terms arrest ( Article 17 of the Criminal Procedure Code ) :- It is alleged of committing criminal offenses- Proof of sufficient preliminary police report , plus 1 evidence .

The authorities ( Article 16 of the Criminal Procedure Code ) :1 . Investigators at the behest of investigators2 . Investigator and investigator maid

Period of time ( Article 19 jo .Criminal Code Article 1, point 31 ) :1 Day = 1 x 24 Hours

Procedure ( Article 18 Criminal Code ) :1 . Proof of assignment .2 .give warrant to the suspect which includes : the identity of the suspect , the reason for arrest , a brief description of the crime , where the examination .3 . Provide a copy of the warrant letter to his family .

----- Page.5 ----Detention Definition (Criminal Code Article 1, point 21):

"The placement of the suspect or the accused in a particular place by the investigator or the public prosecutor or the judge with the establishment, in terms and in the manner set out in this law." The authorities (Article 20 of the Criminal Procedure Code): 1. Investigator / Investigator Assistant 2. Public prosecutor 3. Judge PN, PT, MA Terms of Detention (Article 21 of the Criminal Procedure Code): a. Law (objective): i. Allegedly committing a crime. ii. Enough evidence there are at least two items of evidence (art. 183 Criminal Code). iii. Penalty of more than 5 years, less than 5 years but certain criminal acts enumerated in article 21, paragraph 4, letter b.

b. Interests (subjective): i. Concerns will escape. ii. Concerns nWill destroy / eliminate the evidence. iii. Concerns will repeat the crime.

Both of these requirements must be met, when only one of the conditions is not met, then the detention can not be done, because there are some principles in detention (which must be held philosophical): A. The detention so violates Human Rights (HAM) a person, by Therefore detention should not be done, except in matters which are indispensable and can not be avoided such as: a. Feared would escape b. Feared would destroy / eliminate evidence c. Feared to repeat criminal acts Without the above reasons, the detention should be avoided, even if it had to be done because it meets the above reasons, the detention must be done in accordance with the rules, procedures or detention procedures very strictly in accordance with the law. B. In the practice of detention used the principle of "if you can not hold a person should not be detained" C. Detention is not the same as punishment, and therefore should not be construed pencicilan detention sentence. However, if it is unavoidable for detention, then the entire period of the punishment should be reduced period of detention. D. Detention should not be blasted with a sense of justice. E. Detention should not endanger the health and safety suspect / defendant.

Remember also: DETENTION CONDEMNATION Suspect / Defendant Convict House arrest Prison Still in the process of law-magnitude ------page 6-----

Detention Procedure (Article 21 paragraph (2) Criminal Procedure Code) 1. Giving an arrest warrant (a product of PU) or determination of the judge (Judge products), which includes: the identity of the suspect / defendant, reasons for detention, brief description of the case crime presupposed or indicted. 2. Provide a copy of the warrant detention to the family. Type Prisoners (Article 22 of the Criminal Procedure Code): a. RUTANtidak same as LP. b. Houses in practice is almost there and very difficult, sentence reduced third detention time. c. Kotavonis reduced fifth time detention. Transfer of Prisoners type (Article 23 of the Criminal Procedure Code) a. A letter of request; b. Statement of the suspect / defendant no will run away, and repeated damage crime; c. Assurance from family / relatives; d. ID card; e. Family Card.

Suspension of Detention (Article 31 of the Criminal Procedure Code) a. Schortingseseorang been arrested, and then we ask for detention terminated. b. Opschortingorang not hold, then we request that is not on hold.

Security detention (Article 31 of the Criminal Procedure Code) a.Uang used to search for the person (suspect / defendant) if the escape and the amount agreed upon in a certain amount. b. People used as guarantor (close relatives of suspects / defendants or people who can be trusted) when escaping, then the keluarha have to deposit some money to the state treasury as the cost of searching for the suspect / defendant. Which ensure example family, managing director, and not a lawyer.

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Investigators 20 days [of Article 24 paragraph (1) Criminal Procedure Code] 40 days [Article 24 paragraph (2) Criminal Procedure Code] 60 days Public prosecutor 20 days [of Article 25 paragraph (1) Criminal Procedure Code] 30 days [Article 25 paragraph (2) Criminal Procedure Code] 50 days Judge PN 30 days [Article 26 paragraph (1) Criminal Procedure Code] 60 days [of Article 26 paragraph (2) Criminal Procedure Code] 90 days Judge PT 30 days [Article 27 paragraph (1) Criminal Procedure Code] 60 days [of Article 27 paragraph (2) Criminal Procedure Code] 90 days Judge MA 50 days [of Article 28 paragraph (1) Criminal Procedure Code] 60 days [of Article 28 paragraph (2) Criminal Procedure Code]

SPECIAL DETENTION Investigators 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 60 days Public prosecutor 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 60 days District Court Judge 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 60 days High Court judge 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 60 days Supreme Court Judge 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 30 days [of Article 29 paragraph (2) Criminal Procedure Code] 60 days

Special detention occurs because [Article 29 paragraph (1) Criminal Procedure Code]: a. Suspect / Accused impaired physical / mental; b. The offenses are those punishable done 9 years / more.

Extension to the detention of the suspect / defendant may appeal to: a. At the time of the investigation and prosecution of the Chairman of the Court of Appeal [Article 29, paragraph 7 a Criminal Procedure Code] b. At the time of examination PN and PT to the Chairman of the Supreme Court [of Article 29, paragraph 7, letter b Criminal Code].

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Shakedown Definition A search Houses (Code of Criminal Procedure Article 1, point 17) "The actions of the investigator to enter homes and enclosed places Iainnya to perform inspection and or foreclosure action and or arrests in the case and in the manner set out in the legislation." The search of the Agency (Article 1, point 18, Code of Criminal Procedure) "The actions of the investigator to conduct a physical examination and or clothing suspects for allegedly existing objects on the body or carried as well, to be seized"

Shakedown Procedures (Article 33 of the Criminal Code) 1. Chairman of the District Court Permit is obtained prior to conducting the search, but in a state of urgency then be searched but permission must be followed to the Chairman of the District Court. 2. Every home should be entered witnessed by 2 witnesses (if approved), if it is not approved then it must be witnessed to / chairman of the environment plus 2 witnesses (if the occupants refuse / not present). 3. After 2 days must be made Minutes and a copy shall be given to the owner / occupant of the house.

areas that should not be searched (Section 35 Criminal Code) 1. Space MPR, DPR or DPRD in session; 2. Houses of worship ongoing religious ceremonies; 3. Courtroom ongoing trial. ------ .9 pg ----

Foreclosure Definition (Criminal Code Article 1, point 16) "A series of actions the investigator to take over and keep them under its control or object movable or immovable, tangible or intangible for the benefit of evidence in the investigation, prosecution and Procedure (Article 38 paragraph (1) Criminal Code) 1. Permission letter from the Chairman of the District Court; 2. No need to permit the District Court Chairman when in a pinch. Evidence that can be seized 1. Objects / items used to commit a crime, for example: knives. 2. Objects / goods which is the goal of crime, for example: tv, refrigerator. 3. Objects / goods used for assist criminal offense, for example: screwdriver. 4. Objects / items created / proceeds criminal, for example: counterfeit money. 5. Objects / goods in the form of information Specifically, for example: fingerprints, photograph.

evidence Perishable Goods 1. In the investigation / prosecution, seized goods can be sold at auction / secured in the presence of the suspect / defendant. 2. On entry to the court, the seized objects can be secured / auctioned Prosecutor Judge permission witnessed the defendant / attorney.

Examination of letters Definition Definition of inspection letter are not regulated in the Criminal Code.

procedure 1. Special permit request to the Chairman of the District Court; 2. Provide a letter of acceptance; 3. Once checked, if proven then attached to the case file, if not proven then returned to put the stamp of "has opened by the investigator " 4. Investigators made the Minutes; 5. Provide a copy of the Minutes the post office / telecom is concerned.

----- Page 10 ----- Pretrial Understanding (Criminal Code Article 1, point 10) "the district court authority to examine and decide the manner set out in this law, concerning: a. the validity of an arrest and or detention at the request of the suspect or his family or others on the authority of the suspect; b. the validity of termination of investigation or termination at the request of the prosecution for the sake of law and justice; c. demand compensation or rehabilitation by the suspect or his family or any other party for their proxies his case was not brought to justice. " Mechanism (Article 78 paragraph (1) jo. Article 82 of the Criminal Procedure Code) a. Led by the single judge appointed by the Chairman of the District Court and assisted by a scribe; b. After a request then within 3 days, the judge appointed to establish har trial; c. Done quickly and no later than 7 days should have passed a decision. If still in the pretrial proceedings and the case has been dismissed, the petition pretrial fall. However pretrial may be filed not only on stage but also at the stage of investigation examination (vide Article 82 paragraph (1) letter e Criminal Procedure Code. decision (Article 83 of the Criminal Procedure Code) a. Appeals shall not be applied if: i. Determination of validity or not arrest, detention ii. Determination rightful termination investigation / prosecution. b. Decision may be requested if the investigation establishes invalidity of termination / prosecution.

Can not be appealed: Determination of validity of arrest Determination of validity of detention Determination of invalidity of the arrest Determination of invalidity of detention Determination of invalidity of termination of investigationDetermination of validity termination of prosecution

Can Requested Final Judgment: Determination of invalidity of the termination of the investigation Determination of invalidity of the termination of the prosecution

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Pre Prosecution Criminal Code investigation adheres to the principle of action must be made by the investigator (the presence of different functional differential with HIR)

* Picture * investigation - submission - prosecution-delegation of the trial examination (Article 110 jo. article 138 Criminal Code)

Submission of the case occurred in 2 phases (Article 8 paragraph (3) Criminal Code): a. Phase I: submission of case / file is already in the process of investigation given to prosecutors General. If not complete, then the Prosecutor notes to the investigator to be equipped, when it is complete then out the P-211 and will be entered into the prosecution process. b. Phase II: Handing responsibility for suspects and evidence (already the expiration of investigators to prosecutors general) so that the delivery of physical Evidence and Suspect.

Handing called, because that is still within the scope of executive orders implementing the Act (the investigator). Named devolution, because that is already in the scope of judicial judicial function (prosecution / public prosecutor).

* Picture * investigation - the investigation (forceful measures) - pembuatansurat prosecution indictment - the trial examination

After the investigation, the prosecution moved to the beginning with the registration of the case to the clerk of the District Court, the case is given a registration number and be submitted to the President of the Court and the judges set.

Why should the process be done in 2 stages? Due to the demanding public prosecutor later is based on the Indictment handed over to the District Court hearing the public prosecutor must demonstrate that the arguments in the Indictment that in fact the ingredients of the indictment came from BAP results of the investigation. If its bad then BAP Prosecutor will make a bad return Indictment, Prosecutor consequently be beaten in court. Therefore, the BAP must be tested first by prosecution so that the BAP should be completely full.

--- Page 12 --- Prosecution Definition (Criminal Code Article 1, point 7) "The actions of the prosecutor to assign criminal cases to the competent court in the case and in the manner set out in this law with the request that tried and sentenced by a judge in court."

Authorized -Criminal Procedure Code 1. Public Prosecutor (Article 13 jo. Article 137 of the Criminal Procedure Code) 2. Investigators PU upper Authorization (Article 205 paragraph (2) Criminal Procedure Code).

Other-Law Corruption (KPK)

Duties & Powers (Article 14 jo. Article 138 Criminal Code): 1. Receive and examine the case file of the investigation the investigator or investigators maid; 2. Conducting pre-prosecution when there is a shortage in the investigation with regard to the provisions of Article 110 paragraph (3) and paragraph (4), to provide guidance in order to improve the investigation of the investigator; 3. Provide an extension of detention, detention or continued detention and or change the status of prisoners after his case assigned by the investigator; 4. Making the indictment; 5. Delegate the case to court; 6. Give notice to the defendant on the day and time the provisions of the case being heard that accompanied the summons, both the defendant and the witnesses, to come to the hearing as specified; 7. Prosecution; 8. Closing the case in the interest of law; 9. Conducting other acts within the scope of duties and responsibilities as a public prosecutor under the provisions of this Act; 10. Melaksanakanpenetapanhakim.

Principle Opportunitas (Public Interest) Attorney General Closing of the case in the public interest, if continued will result in huge losses to the public interest, such as the presence of terrorist bombings across Indonesia.

Deeponering principle (to the law) Prosecutor Closing of the case in the interest of the law, if the law is an excuse to close the case, for example, is not enough evidence to prosecute the accused, the death of the suspect, and others. ---- Page .13 -------

Indictment understanding: "A letter was made by the Public Prosecutor based on the results of the examination to impeach BAP mistakes of others."

Terms Indictment: > FORMAL (Article 143 paragraph (2) letter a of the Criminal Procedure Code) 1. Full Name: 2. Place of Birth: 3. Age / Date of Birth: 4. Gender: 5. Nationality: 6. Housing: 7. Religion: 8. Occupation:

> FORMIIL (Article 143 paragraph (2) letter b of the Criminal Procedure Code) 1. Meticulously Description: Prosecution thoroughness in preparing the indictment based on the Law applicable to the defendant and there is no shortage and / or mistakes that may result in the cancellation of the Letter Indictment. 2. Obviously Description: Public Prosecutor should be able to formulating the elements of the offense charged, as well as integrate with the description of the manufacture of material (facts) by the defendant in the indictment. 3. DETAILED DESCRIPTION: Indictment description should include all the elements that determined the complete Act.

HOW TO INDICTMENT: -DigabungPasal 141 Criminal Procedure Code 1. There is a combination of crime; 2. There is an existing joint criminal acts bearing; 3. There is a combined offense had nothing to do. How to Make Indictment - split (Splitsing) Section 142 Criminal Procedure Code The existence of a criminal offense combined with participation in such offenses. Usually done by PU in case things known only to the perpetrators who are not seen directly witness. -Form shape of the Indictment: 1. Single 2. Alternative 3. Cumulative 4. Primary-Subsidiary (plated) 5. Combination

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* Pict *

difference from the above indictment is on perpetrators of criminal acts are combined in the indictment. While the indictment made by PU split with the intent of the defendant that the defendant as witnesses in other cases that the task of proving the charges PU is reached.

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* Pict * - Page 16.17 --- * Pict

if single indictment made by prosecution if the crime is infringed by a person only one and there is no doubt as indicted above article. While Alternative indictment, made by prosecution if there is doubt over criminal offenses committed. While the cumulative indictment, made by prosecution if the crime is infringed by a person consists of several criminal acts. While the indictment Primary-Subsidiary, made by prosecution based on the level of threat of criminal punishment, usually in practice this indictment made by the public prosecutor and the defendant intended to ensnare avoid the defendant can not be separated from the law. While the combination of the indictment, made by prosecution by indictment combining forms. For example, the cumulative charges combined with primary-subsidiary indictment (plated).

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Memorandum of Objections (Exception) Criminal Procedure Code Article 156 of the Criminal Procedure Code: The court was not authorized to try the case (Competence); 2. The charges can not be accepted: Formal requirements 3. The charges should be canceled: Material requirements.

DOCTRINE: 1. Libel libel (Article 143 paragraph (2) letter b of the Criminal Procedure Code) 2. Error in Persona (Article 143 paragraph (2) letter a of the Criminal Procedure Code) 3. Competence (Absolute, Relative) 4. Peremptoir (Article 76, 77, 78 Code of Criminal Procedure) 5. Litispendia 6. Complaints related offense 7. Related to Civil Case, Criminal Case not 8. Implementation of Legislation Not Right

Injunctions -Received Exception: The judge accepted the arguments made by the Legal Counsel. -Unacceptable Exception: Judge considers that what is in dalilkan by Legal Counsel must be evidenced in the evidentiary process. -Exception Denied: Judge rejects arguments made by the Legal Counsel.

* PICT *

clerks - judges - presiding judge - member judge defendant

prosecutor ------ ------------ examinee legal counsel prosecutor's legal counsel

spectators

* Closed * pict

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Interrogation Ordinary (Article 183 of the Criminal Procedure Code) 1. Proving difficult. 2. Session 1, PU calling the defendant. 3. The judge entered the courtroom, which previously was attended by PU, PH. 4. The trial opened to the public or closed to general (the case of children, morality). 5. The defendant asked his identity by Judge. 6. PU reading the indictment.

Brief (summary) (Section 203 Criminal Procedure Code): 1. Proof is easy and simple. 2. Prosecutor does not make an indictment (Article 203 paragraph (3) a Code of Criminal Procedure). 3. The judge may ask the Public Prosecutor to make additional examination (Article 203 paragraph (3) letter b Code of Criminal Procedure). 4. Decision notes of the Transcript of Proceedings (Article Paragraph of paragraph 203 (3) Criminal Code). 5. Judge makes ruling letter containing (Article 203 paragraph (3) letter e Code of Criminal Procedure).

Quick (Roll) Article 205 of the Criminal Procedure Code: a. CRIME LIGHT 1. Investigators on the authority of the public prosecutor directly confronts the accused along with BB and AB. 2. Single judge at the first and last. (Article 205 paragraph (3) Criminal Code). 3. The witness did not take an oath or pledge unless the judge deems it necessary. (Article 208 of the Criminal Procedure Code). 4. Trial investigation report was not made (Article 209 Code of Criminal Procedure).

b. TRAFFIC VIOLATION OF CRIMINAL 1. Conducted by a single judge. 2. Not required dossier (Article 212 Code of Criminal Procedure). 3. The defendant may be represented (Article 211 Code of Criminal Procedure). 4. Can be done without the presence of the defendant or representatives (verstek or judgment in absentia). Article 214 paragraph (1) Criminal Procedure Code. (Direct investigation of the trial)

In Rapid Interrogation no prosecution process, but after the investigation will turn to the trial court.

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proof* what want to be provent - Indictment letter

* Proof Systems- Positive Wettelijk Bewijs Theory: the defendant guilty based on consideration of the evidence mentioned Act.- Negative Wettelijk Bewijs Theory : the defendant guilty based on consideration of the evidence and the law mentioned convictions Judge ( adopted Criminal Code) . - Conviction Intime : innocence of the defendant based on the belief of judge . Example of mimipi , from the shaman .- Conviction La raisonne : innocence of the defendant based on logical grounds .

* Burden of Proof- Ordinary : relating to who is required to prove the proposition , in this case as the attorney who argued the defendant error ( Commercial Crime ) .-Berimbang/Terbalik Limited : PU shall membuktiakan that Tedakwa guilty and PH must demonstrate that the defendant is not guilty ( Corruption ) . Proof - Reversed : Legal Counsel must demonstrate that the defendant is not guilty ( Money Laundering Act ) .

* Means of Verification - OF EVIDENCE1 . Objects / items used to commit a crime, for example : knives .2 . Objects / goods which is the goal of crime, for example : tv , refrigerator .3 . Objects / goods digunskan to assist a criminal offense , for example : screwdriver .4 . Objects / items created / proceeds of crime , for example : counterfeit money .- EVIDENCE ( Section 184 Criminal Procedure Code )1 . statement of Witness2 . Expert testimony3 . letter4 . guidance5 . Description defendant5 . Objects / goods in the form of specific information , eg fingerprints , photograph .

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Witness AB* Definition ( Article 1, point 26 ) " The person who can provide information for the purpose of investigation , prosecution and trial of a criminal case that he heard him, he Never seen himself and his own experience . "

* Terms - Formal ( Article 160 paragraph 3 of the Criminal Procedure Code ) 1 . sworn2 . adult3 . healthy Psychic- Material ( Criminal Code Article 1, point 26 )1 . Listen to yourself2 . See for yourself3 . own natural * Prohibition Witnesses- Absolute ( Article 171 of the Criminal Procedure Code )minorspsychoneurotic - Relative (art. 168 Criminal Code)Because there is a blood relationship / family , related to the dignity , office , or employment .

* Various Kinds of Witnesses- A Charge Witness : Defendant memberatakan witness , is usually brought by the public prosecutor . A De Charge - Witness : Witness relieve defendant , usually brought by the Legal Counsel . testimonium De Auditu - Witness : Witness heard from others who did not undergo a criminal offense .Crown - Witness : Witness in its own case , due to the separation of the indictment , which the witness becomes the defendant in another trial . Chain - Witness : A witness who only see / hear some of the events experienced only partial or piecemeal . Reporting Witnesses : Witnesses reporting related offenses .- Victim Witness : Witness who become victims of crime .

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AB Expert * definition (Article 1, point 28) "The information given by a person who has special expertise about the things needed to make light of a criminal case for the purpose of examination."

* Terms -Formal (Article 160 paragraph 4 of the Criminal Procedure Code) 1. Sworn - Material (Criminal Code Article 1, point 28) 1. Have special expertise 2. aims to make light of a criminal case

* Macsam-wide expert - Deskundige: experts who give testimony concerning the things that have been known to the judge. -Gestuige Deskundige: experts who give testimony concerning matters beyond the knowledge of the judge -Zaakundige: experts who provide information on the results of the examination of the object.

AB Letter * Definition Criminal Procedure Code does not regulate the notion of AB Mail, but can be given a series of definitions of words or writings submitted in writing and have a specific meaning.

* Various -Official (Article 187 letters a, b, c Criminal Procedure Code) 1.Berita event and others in the form of an official letter made public by the competent authorities or made in his presence, which contains information about the events or circumstances are heard, seen or experienced yourself, along with the reasons are clear and unequivocal statement about it. Example: BAP, Deed. 2. Letters made under the legislation or letter made by officials familiar with the terms included in the management of which they are responsible and dedicated to proving something or something worse. Example: ID card, driver's license. 3.Surat testimony of an expert opinion based on his expertise includes about something or something formally requested state and her. Example: Visum et Repertum, Labkrim results, Ballistic Test Results, Results of a forensic laboratory. - Not Authorized (Criminal Code Article 187 d) Another letter can only be valid if anything to do with the contents of another evidentiary tool. Example: A Love Letter

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AB Instructions * Definition (Article 188 paragraph (1)) "actions, events or circumstances, which is due to the correspondence, both from each other, as well as the criminal act itself, indicates that a crime has occurred and who was responsible."

* Source (Article 188 paragraph (2)) -AB Witness Testimony AB-Mail -AB Description defendant

AB Description defendant * Definition (Article 189 paragraph (1)) "What the defendant stated in the hearing of the act he was doing or who he knows himself or his own nature."

* nature (Article 189 Criminal Code) 1.Keterangan granted defendant outside the courtroom can be used to help find evidence in the trial, as long as it is supported by a description of valid evidence about the accused along to him. 2. Description defendant can only be used against itself. 3. Testimony of the defendant alone is not enough to prove that he is guilty of committing the accused to him, but must disertal with other evidence.

* Contents Disclaimer-(partially or completely) -Recognition (partially or completely)

Rights of Suspects & Defendants * 1.KUHAP give attention to the rights of suspects and defendants than HIR 2. Rights of suspects and defendants are specifically set forth in articles 50-58 KUHAP 3. Legal aid (Article 69-74 Criminal Code) 4. One of the most important is the right of legal aid 5. Liability for PH in terms of pointing APH (article 56 of the Criminal Procedure Code) a. Threatened / charged death penalty / imprisonment of 5 years / over b. They are not capable of being punished 5 years / more givenfree of charge. * Principle of Non-Self Incriminationketerangan defendant can protect itself, meaning that the defendant may be a lie, because it was not sworn in because it is associated with the defense against itself.

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Legal Aid contents -Regulated in Article 69-74 Criminal Code. Advocates obligation to provide free legal aid (pro deo) of Article 22 of Law 18 of 2003 on lawyers. APH in every level of the examination shall notify the right legal assistance. APH in violation should be penalized / BAP resulted in cancellation. suspect / defendant to Principles -With in Sight but not with in the hearing (Article 71 paragraph (1), Article 115 paragraph (2) Criminal Procedure Code) A Legal Counsel related to his client, which investigators can only be seen and not heard. This is done in criminal cases involving state security, example: Terrorism. - With in Sight and with in a hearing (Article 71 paragraph (2), Article 115 paragraph (1) Criminal Code) A suspect who is being examined by investigators right to an attorney, but attorneys could only see without hearing. This is done in the case of general crime, eg murder, corruption.

Compensation * Definition (Article 1, point 22) "The right to receive a fulfillment of the demands in the form of a sum of money in exchange for arrested, detained, charged or prosecuted for no reason by law or in error concerning the person or law that is applied in the manner set out in this law."

* Basic Laws 1. Article 9 of Law No. 4 of 2004 on Judicial Power 2. Article 95 & 96 Code of Criminal Procedure

* The Asking The suspect, defendant, defendants, heirs * Procedures 1. Decided in a pretrial hearing if his case does not proceed to trial. 2. Submitted to the court the authority to hear the case in question. 3. Inspection in accordance with a pretrial events. 4. Decision-shaped fixing.

* Magnitude 1. Compensation for forceful measures against unauthorized Rp. 500, - s / d Rp 1.000.000, - 2. Disability / death Rp 3.000.000, -

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Rehabilitation * Definition (Article 1, point 23) "The right to receive a recovery only in ability, position and dignity and dignity given to the level of investigation, prosecution or judicial due arrested, detained, charged or prosecuted for no reason by law or in error concerning the person or law that is applied in a manner stipulated in this law. "

* Coverage (pasal.97) -If the defendant was acquitted or cut off from all charges which shall have binding - arrest or detention without reason by the law or a mistake of the person or of applicable laws that his case was not presented to the district court terminated by the pretrial judge.

connectivity * Understanding Court proceedings for any offense committed by civilian and military members. * Legal basis Act No. 14 of 1970 Article 22 of Law No. 8 of 1981 Section 89-94 * The terms 1. Associated with participation. 2.Dilakukan by civilian and military, where one offenders subject to military criminal law and the other subject to the general court. * Examination 1. In principle, carried out in the General Court. 2. When large losses in the military, it will examined in the Military Court. * connectivity Judicial Proceedings 1. Investigation: conducted by a team konseksitas. 2. Prosecution: PU = Military Judge Advocate. 3. Detention: a. Civil conducted by the Criminal Procedure Code. b.Militer done by direct supervisor, extended by submitters officer in the case and unlimited time (Law no. 1 of 1958 on Criminal Proceedings in Court Kentaraan). * Pre-Trial Do by criminal status (No. SEMA. No.15 of 1983) * Examination of Justice Losses on the civil side: conducted by a panel of judges who diketuuai by the Civil Judge, consisting of civilian and military judges Losses in the military: made by the panel of judges, chaired by the Military Judge, which consists of civilian and military judges.

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* differencegeneral court -judge members ( military ) ---- presiding judge ( civil ) ----- judges ( civil )

military - justicejudge members ( military ) ---- presiding judge ( Military ) ----- judges ( civil )

Combined Civil & Criminal Lawsuit* Basic LawsArticle 98 - Article 101 of the Criminal Procedure Code , a right given to a 3rd party

* procedures1 . Filed at the behest of a 3rd party .2 . Filed before a lawsuit / before a judge droppedfinal decision .3.Penggabungan civil and criminal cases can be performed onappeal stage .4 . The procedural law applicable is the law of civil procedure .

* difference- civil suit ( + )` stand alone` Change Material and immaterial loss ` can be filed at any time- civil action ( - )Long , expensive , complicated proof

- Combining Civil Lawsuit in Criminal Case( + ) Fast , cheap , simple( - ) Depending on the subject matter , only material damages , at least before requisitoir Asked Questions ( warrant ), Depending on the case law efforts principal

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Remedies* Ordinary- Resistance ( verzet )- Appeal- Appeal* ExtraordinaryDemi - KepentinganHukum Cassation ( KDKH )- Judicial Review ( Herziening )

verdict- PunishAppeal by : PU and / or defendant (Art. 233 jo . Article 67 of the Criminal Procedure Code )- ReleasingAppeal by : PU ( in conjunction with Article 233 . Article 67 of the Criminal Procedure Code )Cassation by : PU (Art. 233 jo . Article 67 jo . Article 244 Criminal Code)- Frees` Criminal Procedure Code : could not appeal PU , PU can not Cassation` Doctrine : Free Pure ( Zuivere Vrijspraak ) PU can not appeal . ; Free Not Pure ( Niet Zuivere Vrijspraak ) PU can appeal .

verdict* Final Decision* Determination` Administrative : The Day Trial Injunctions` Judicial : interlocutory

Resistance ( verzet )* form of resistance- Injunctions ( 156 Criminal Code ) submitted to the High Court through the Clerk of the District Court .- Verstek > verdict in absentia ( Article 214 Criminal Code ) submitted to the concerned District Court within 7 days .

* how-Langsung/seketika Tribunal to High- Awaiting Final Decision

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Appeal * Period -For those who are present: no later than 7 days after the verdict was read. - For those who are not present: no later than 7 days after the decision is notified officially.

* Reason Appeal There should be no reason for an appeal, it means the memory is not required to make an appeal. Memory appeal = rights = rights appeal the counter.

* Checking Judex factie: Checking the facts Judex Jurist: Examine the application of the law

* Submitted to the High Court to submit to the District Court, dikarenkan PT contained in the province, the PN is in the district / municipality. The parties litigating in PN and PT are required to be burdensome pecari justice. Period of time to file an appeal no later than 7 days when the verdict was read, in which the defendant must be present, if there are several defendants then for the decision DAPT read to one person alone. For example, in the case of Tommy Suharto.

* Timeline tenth (read decision); 8/10 (appeal period); 9/10 (was not able to appeal)

Cassation * Period - For the present: no later than 14 days after the verdict was read. - For those who are not present: no later than 14 days after the decision is notified officially.

reason Cassation - KUHAP 1. Laws are not applied properly. 2. How to judge not according to the law 3. Judge exceeded his authority. - Doctrine: Onvoldode Gemotiveerd (legal considerations are not enough. * Terms: There must be legitimate reasons, so shall make cassation and the opponent shall or shall not make counter against the cassation. Imperative, limitedly, Facultative

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------ I. DURATION a. Duration of appeal states: informed (1/10), states (12/10) b. Submit a cassation Duration: menaytakan (12/10), submit (25/10) II. REASON Cassation (Article 253 paragraph (1) Criminal Code) III. ARGUMENTS: acquittal is not pure (free from the demands of hidden law), meaning that the verdict should dilnyatakan off but the judge erred in interpreting the absence of a proven or criminal act IV. COST CASE a. The judge misinterpreted the law and can not see all the elements tersbukti. b. .......... -----

* If parts I & II can not be met, then an appeal can not be accepted * If part III can not be met, then the appeal is rejected * Remember the time period calculated by calendar days, but if the period falls on a holiday it was postponed one day.

------ For the sake of Cassation Interest Law * Objectives Fixing the legal interpretation of the above decision was improper, in which the decision should not be detrimental tepidana. * Contents Verdict There should not be detrimental to the party Should not be filed on the Supreme Court decision that has permanent legal force, which is not at all does not affect the decision of the former and in the interest of law. * Performed by - The Parties The accused and the Public Prosecutor - For the sake of Interest Law Attorney general

Review (PK) * Civil (Civil Request) Except: acquittal and convict loose or Heirs * Criminal (Herziening) -Article 263 paragraph (1) Criminal Code `Except: acquittal & off `Convict or Heirs - reason of Article 263 paragraph (2) 1. Novum (new state) 2. Relate to one Other 3. Oversight / mistake judge (Disparity of justice)

Terms 1. Imperative 2. Limitedly 3. Optional-------page.30 -----

* Reason discharge institute judicial review: In 1989 there was a man named Sengkon and Karta accused of killing a person, the decision of the judges is final and binding already punished the perpetrators are. When the running time of sentencing, Sengkon and Karta met someone in jail who was also an inmate who told me that the real culprits are the inmates. So, it can be concluded that the Sengkon and Karta is not the prosecution of the perpetrators but the inmates were in the prison. This is called the NEW CONDITION (NOVUM), therefore made arrangements judicial review.

* Practice Court on judicial review: Mochtar Pakpakhan case, where the victim is represented by the Public Prosecutor did PK, PK supposed to perform only convict / warinya experts. However, this case remains checked.

Judicial review should not be interpreted as court level 4 =

* Execution: Have to wait for the decision of clemency (be filed 2x), execution is delayed if waiting Clemency (if the death penalty verdict) Must await the decision of PK (filed only 1x) * Hawasmat: 1.Dilakukan supervision and observation by a team of observers (observer and Supervisory Judge) who aims for Prison Inmates equipped with something positive so that after the exit of the LP is not going to repeat the crime or there is something that can be done after going down to the public (no change in the attitude of inmates ). 2.Tugas of watchdog judges and observers often have problems in terms of authority clash with the duty prison officers, so Judge observers and supervisors working half-heartedly.

* Criminelle (Weight) criminal offenses or categories of weight very evil, for example murder, rape, robbery, terrorism. Investigators must appoint Judge (Juge de Instruction).

* Delit (Medium) Crime of the medium category, such as theft, fraud, corruption. Investigators are not required to appoint Judge (Juge de Instruction). French Criminal Procedure

* Contravention (Lightweight) Minor criminal offenses, such as traffic violations. Investigators are not required to appoint Judge (Juge de Instruction).

Juge de Instruction: Juge d'Instruction or Instruction Judge / Judge Investigator in the Indonesian Criminal Code known as the Investigating Judge. Investigators in France consists of police (Police Judiciaire) which has a high intellect, deft and skillful, chosen and led by the Public Prosecutor (Proscuteur de La Rpublique). Judge Investigators in France is responsible for the investigation of a criminal offense in the category Criminelle, by giving orders to the Police and the Gendarmerie. As for the criminal acts that are included in the category of Contravention and Delit, the Investigating Judge does not always have to exist in the investigation. However, investigations conducted by this investigator remained under the control of the Public Prosecutor, Public Prosecutor can even replace Investigators amid investigation process.

Juge de Libert et de Detention Judges charged with overseeing the acquisition and Punishment Instructions Judge or Judges Investigator (Juge d'Instruction) when the Pre Trial and determine whether the prosecution against the accused deserves to be brought to trial and to prevent violations of human rights at the time of the Pre Trial. For the cases included in the category Criminelle, Juree consideration must be considered by it.

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