TAHAPAN PROSES PERADILAN PIDANA - HUKUM ACARA PIDANA

Summary

This video provides a detailed explanation of the stages in the Indonesian criminal justice process. It covers key phases including the initial reporting and investigation of crimes, the roles of various legal actors (such as suspects, prosecutors, and judges), and the steps in prosecution and defense. The video further explores the trial process, verdicts, and sentencing, along with the appeal mechanisms. It emphasizes the importance of due process and the legal procedures involved at each stage, offering a comprehensive overview of how criminal cases are handled in Indonesia.

Takeaways

• 😀 The stages in the criminal justice process begin with understanding the reasons behind the initiation of a case, such as 'caught in the act,' reports, or complaints.
• 😀 The legal process involves several parties, including suspects, defendants, judges, prosecutors, defense lawyers, and witnesses, each with specific roles in the judicial proceedings.
• 😀 The initial stage of investigation involves two major actions: the 'pre-investigation' and the 'investigation' itself, which aim to collect evidence and confirm the occurrence of a criminal event.
• 😀 Investigations can lead to various legal actions such as arrest, detention, and search, all regulated by criminal procedure laws, ensuring proper evidence gathering.
• 😀 The arrest process requires careful consideration, with factors such as the risk of flight or tampering with evidence playing a role in determining whether detention is necessary.
• 😀 Searches are another important part of the investigation, conducted to gather physical evidence, and are governed by specific legal rules, including having witnesses present during the process.
• 😀 Prosecution begins once the investigation concludes, with the prosecutor reviewing the case and deciding if it is complete for trial. This process may include requests for further evidence or investigation.
• 😀 A crucial part of the prosecution process is the formal reading of the indictment (surat dakwaan) by the prosecutor, which sets the stage for the defense to respond.
• 😀 The defendant may raise an 'exception' (Eksepsi) if they believe the charges are improper, leading to a ruling by the judge on the validity of the exception.
• 😀 Once the trial progresses, the judge reviews all the evidence and arguments, and then deliberates on a decision, which could result in various verdicts, including guilty, acquittal, or dismissal of charges.

Q & A

What are the main factors that trigger a criminal investigation in Indonesia?

There are four main factors that trigger a criminal investigation: 1) Arrest in the act (tertangkap tangan), 2) A report made by someone who has witnessed, is aware of, or suspects a crime has occurred, 3) A complaint made by a party seeking legal action against a suspect, and 4) Other legal causes that initiate an investigation.

Who are the key parties involved in the criminal justice process in Indonesia?

The key parties involved are: 1) Tersangka (Suspect), 2) Terdakwa (Defendant), 3) Terpidana (Convict), 4) Penyidik (Investigator), 5) Jaksa (Prosecutor), 6) Pengacara (Lawyer), 7) Hakim (Judge), and 8) Saksi (Witnesses). Each plays a role in either investigation, prosecution, defense, or adjudication.

What is the role of Penyidik (Investigator) in the criminal justice process?

The Penyidik is responsible for conducting the investigation of criminal cases. They gather evidence, make arrests, search premises, and handle other actions necessary to uncover the facts of a crime.

What happens during the 'penyidikan' (investigation) phase of a criminal case?

During the penyidikan phase, investigators gather evidence through various actions, such as making arrests (penangkapan), conducting searches (penggeledahan), and collecting physical evidence. The investigation aims to determine whether there is enough evidence to bring the case to trial.

What does the term 'penuntutan' (prosecution) refer to in the criminal justice process?

Penuntutan refers to the prosecution phase, where the public prosecutor (Jaksa Penuntut Umum) reviews the investigation file and determines whether the evidence is sufficient to formally charge the defendant. If the evidence is inadequate, the prosecutor may return the case for further investigation.

What is 'Eksepsi' and how does it affect the trial process?

Eksepsi is an objection made by the defense during the trial, challenging the legality or formality of the charges or the legal process. If accepted, the judge may issue an interim ruling or dismiss certain aspects of the case.

What are the potential verdicts that a judge can issue in a criminal case in Indonesia?

The judge may issue one of the following verdicts: 1) Putusan Bebas (Acquittal), where the defendant is found not guilty; 2) Putusan Lepas dari Segala Tuntutan Hukum (Dismissal), where the defendant's actions are not considered criminal; or 3) A conviction, where the defendant is found guilty and sentenced.

What is the role of the 'musyawarah majelis' (deliberation of the panel) in the trial process?

Musyawarah majelis refers to the deliberation among the judges before issuing a verdict. They discuss the case and vote on the most appropriate decision. If the votes are split, they may seek further clarification or reconsideration of the facts.

How can a defendant challenge a verdict after it has been issued?

If the defendant disagrees with the verdict, they can file an appeal (upaya hukum). This allows the defendant to challenge the ruling in a higher court. If the appeal is unsuccessful, the defendant may explore other legal options, such as extraordinary appeals (upaya hukum luar biasa).

What does the term 'p19' mean in the context of the criminal justice process?

P19 refers to the process where a prosecutor returns a case file to the investigator for further investigation if the file is incomplete or lacks sufficient evidence. This allows the investigator time to gather additional evidence before the case can proceed to trial.