PRAKTIK PERADILAN PIDANA (Tahap Pertama Persidangan Perkara Pidana)

Summary

This video covers the second part of criminal court proceedings, focusing on the first stage of the trial. It outlines the procedures for opening the trial, including the entry of the judges, the calling of the defendant, and the reading of the indictment. The defendant's rights to legal representation are clarified, and the process for presenting legal objections (Eksepsi) is explained. The judge's role in verifying the defendant’s presence and identity, as well as managing any objections, is also discussed. The video provides a detailed guide on these essential steps in a criminal trial.

Takeaways

• 😀 The session focuses on the second part of the criminal court trial procedure, specifically the first phase of the trial.
• 😀 The criminal trial has four key stages: first hearing, evidence examination, reading of indictment, defense and responses, and finally, reading of the verdict.
• 😀 The first phase begins with the entry of the judges into the courtroom, followed by the calling of the defendant and reading of the indictment.
• 😀 The defendant's legal rights are addressed, including the right to have a lawyer present. If the defendant has no lawyer, they can request one to be appointed by the court.
• 😀 The indictment is read by the prosecutor. If the defendant doesn't understand, the prosecutor must clarify the charges.
• 😀 Following the reading of the indictment, the defendant or their lawyer may raise objections (eksepsi). If no objections are raised, the trial proceeds to the next stage.
• 😀 If objections (eksepsi) are raised, the court gives time for the defendant or their lawyer to prepare and present them.
• 😀 The judge may issue an interim decision (putusan sela) after reviewing the objections, which could result in the continuation or cessation of the trial.
• 😀 If the judge requires time to consider the objections, the court may adjourn briefly or until the next session.
• 😀 The verdict in the first session is either to continue the trial or dismiss the case, based on the court's ruling on the objections raised.

Q & A

What is the main focus of the lecture in this script?

The main focus of the lecture is to explain the procedures involved in the first stage of a criminal trial, particularly in a criminal court at the University of Sultan Ageng Tirtayasa.

What are the four main stages of a criminal trial as described in the script?

The four main stages of a criminal trial are: 1) The first hearing, 2) The presentation of evidence, 3) The reading of charges, defenses, and responses, and 4) The reading of the verdict.

What happens during the first stage of the trial as per the script?

During the first stage, several processes occur, including the arrival of the judges in the courtroom, the call for the defendant to enter, the reading of the indictment, and the opportunity for the defendant to raise objections (Eksepsi).

What is the role of the substitute court registrar (panitera pengganti) during the trial?

The substitute court registrar is responsible for announcing that the judges will enter the courtroom and directing the attendees to stand, signaling the beginning of the court session.

How is the seating arrangement in the courtroom described for the judges?

The seating arrangement has the chief judge sitting in the middle, with the more senior judge on the right and the junior judge on the left.

What does the chief judge say when opening the trial?

The chief judge announces the opening of the trial, stating the court's name, the case number, the defendant's name, and the date, followed by three knocks on the gavel.

What happens if the prosecutor cannot present the defendant on the scheduled trial date?

If the prosecutor is unable to present the defendant, the judge will postpone the trial and instruct the prosecutor to ensure the defendant's presence at the next hearing.

What is the process when the defendant enters the courtroom?

Upon entering, the defendant is seated, and the chief judge asks about the defendant's health and readiness for questioning, followed by a series of questions regarding the defendant’s identity and legal representation.

What are the options available for a defendant who does not have legal counsel?

The defendant can choose to represent themselves, request a court-appointed lawyer, or ask for more time to find a lawyer independently.

What happens after the indictment is read by the prosecutor?

After the indictment is read, the judge asks the defendant if they understand the charges. If not, the prosecutor must provide further clarification.

What occurs if the defendant or their lawyer raises an objection (Eksepsi) to the indictment?

If an objection is raised, the judge asks if the defendant or their lawyer is ready to present the objection. If they are, it is read aloud; otherwise, the trial is postponed for further preparation.