Anda Terkena Jerat Pidana dan Akan Segera Disidangkan? | Pahami proses sidang pidana di pengadilan.

Summary

This video explains the criminal procedure in Indonesia, detailing the stages from the reading of the indictment by the public prosecutor to the verdict delivery. Key steps include the defendant's opportunity to file an exception, the continuation of the trial based on the judge's decision, and the evidentiary phase, which can take several hearings. After the prosecutor's demand for punishment, the defendant may present a defense. The trial concludes with the judge's deliberation and sentencing. If the defendant disagrees with the ruling, they can appeal or request further legal actions such as a judicial review.

Takeaways

• 😀 The criminal trial process in Indonesia begins with the reading of the indictment by the public prosecutor.
• 😀 If the defendant or their lawyer disagrees with the indictment, they can file an exception (eksepsi) to address any formal errors in the indictment.
• 😀 The judge then issues a decision on the exception, either continuing the trial or halting it based on the ruling.
• 😀 If the exception is rejected, the trial proceeds to the evidence presentation stage, which can take a minimum of four hearings, depending on the complexity of the case.
• 😀 Both the prosecutor and the defendant must present evidence according to the guidelines in Article 184 of the Indonesian Criminal Procedure Code.
• 😀 Evidence in criminal trials can include witness testimony, expert witness statements, documents, clues, and statements from the defendant.
• 😀 After evidence is presented, the prosecutor reads the charges, specifying the sentence they are seeking, based on the severity and planning behind the crime.
• 😀 The prosecutor cannot demand a sentence longer than the maximum penalty set by law for the crime (e.g., a maximum of 4 years for theft).
• 😀 After the prosecution's reading, the defendant or their lawyer can present a defense (plea), typically in writing, but it can be spoken if the defendant is unrepresented or unable to write.
• 😀 The defense is presented after the prosecutor's charges so that the defendant can respond fully to the arguments raised by the prosecutor in their charges.
• 😀 Following the defense, there is a dialogic exchange (replik and duplik) between the prosecutor and defense lawyer to respond to each other's arguments before the judge deliberates and delivers a verdict.
• 😀 If the defendant disagrees with the verdict, they can appeal to a higher court (appeal or cassation), and if necessary, proceed with a judicial review (peninjauan kembali).

Q & A

What is the first step in a criminal trial in Indonesia?

The first step in a criminal trial in Indonesia is the reading of the indictment by the prosecutor. This sets the stage for the trial and outlines the charges against the defendant.

What happens if the defendant disagrees with the indictment?

If the defendant or their lawyer disagrees with the indictment, they can file an 'Eksepsi' (objection), which challenges the indictment on the grounds of formal errors, not the substance of the charges.

What is an 'Eksepsi' in the context of a criminal trial?

'Eksepsi' is a formal objection filed by the defendant or their lawyer if they believe the indictment has procedural flaws. It does not address the facts of the case but focuses on legal technicalities.

What happens if the judge accepts or rejects the 'Eksepsi'?

If the judge accepts the 'Eksepsi', the trial is suspended. If the judge rejects it, the trial continues, and the case proceeds to the next stage, which is evidence presentation.

How are evidence and witnesses presented in a criminal trial?

Evidence is presented according to the Indonesian Criminal Procedure Code, which includes witness testimony, expert opinions, documents, and the defendant's own statements. Both the prosecution and defense present their evidence during this stage.

How long does the evidence presentation phase typically take?

The evidence presentation phase can take a minimum of four hearings for simpler cases. Complex cases may take longer, with the trial lasting over a month or more, depending on the nature and complexity of the evidence.

What happens after the prosecutor presents their evidence?

After presenting their evidence, the prosecutor demands a sentence based on the severity of the crime and the evidence presented. The prosecutor's demand may vary depending on whether the crime was premeditated or not.

What is the purpose of the defendant's 'Pledoi' or defense?

The 'Pledoi' is the defendant's formal defense, where the defendant or their lawyer presents arguments against the charges. This defense is typically written but can be delivered orally if the defendant does not have a lawyer or is unable to write.

What is the role of 'Replik' and 'Duplik' in the trial?

The 'Replik' is the prosecutor's rebuttal to the defendant's defense ('Pledoi'), and the 'Duplik' is the defendant's response to the prosecutor's rebuttal. These exchanges allow both sides to further argue their case before the judges make a decision.

What happens after the 'Replik' and 'Duplik' exchanges?

After the 'Replik' and 'Duplik', the judges deliberate privately, usually for one to two weeks, to review the case. The trial then concludes with the judges delivering their verdict.

Can the defendant appeal the verdict?

Yes, if the defendant is unhappy with the court's decision, they can appeal the verdict to a higher court. If they lose at the appellate level, they can file for a 'Peninjauan Kembali' (Judicial Review) as a final attempt.