prosecution by fd1 pre prosecution and prosecution
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Prosecution by FD 1
Pre Prosecution and Pre Prosecution and ProsecutionProsecution
2
PPreliminary Prosecutionreliminary Prosecution
Why there is pre-prosecution? Why there is pre-prosecution? • Compartment system in Indonesia Compartment system in Indonesia
= Investigation conducted by = Investigation conducted by Investigator/Police, and Investigator/Police, and Prosecution by General AttorneyProsecution by General Attorney
• Common Law: prevail UU Common Law: prevail UU
Magistrate Law or special Magistrate Law or special
section section
Lawyer in Commonl Law =Lawyer in Commonl Law =
District Attorney or District Attorney or
Investigators. Investigators.
Pre ProsecutionPre Prosecution
Definition in HIR System: Definition in HIR System:
Judges = Sitting Magistrate= Judges = Sitting Magistrate= JudicativeJudicative
DA = Standing Magistrate = DA = Standing Magistrate = represent the State = Executive?represent the State = Executive?
Police= Algemene Politie (under the Police= Algemene Politie (under the DA), Bestuur Politie (under the DA), Bestuur Politie (under the District Government), Staats Politie District Government), Staats Politie (State Police), Special Police.(State Police), Special Police.
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Competency who Competency who conduct Prosecution conduct Prosecution
Investigative Attorney= Jaksa peneliti = Investigative Attorney= Jaksa peneliti = “P16 attorney”. Examine the completion “P16 attorney”. Examine the completion of dossier (investigative minutes). of dossier (investigative minutes).
france = judge d'instruction. “Form P19”= france = judge d'instruction. “Form P19”= requested by DA to complete the dossier. requested by DA to complete the dossier.
Complete dossier = Form P-21.Complete dossier = Form P-21. Universal System = should be investigated Universal System = should be investigated
by special Magistrate/Court, or at least by by special Magistrate/Court, or at least by Head of General Attorney.Head of General Attorney.
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Pre Prosecution (1)Pre Prosecution (1)
Definition: Not stated in CP Definition: Not stated in CP Code (Art.14 B). See Code (Art.14 B). See Procedure: Art.110 and Procedure: Art.110 and 138138
Term of Pre Trial in Term of Pre Trial in
Common Law System = Common Law System = Pre Adjudication in Pre Adjudication in continental Law systemcontinental Law system
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Terms
Term of Suspect: Used since Investigation session up to Pre Adjudication Session.
Term of Accused: Used In Trial Term of Convicted: Used since there is
final and binding verdict.
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ProcedureProcedure
Two Steps of Pre Two Steps of Pre Prosecution Prosecution (Art. (Art. 8 (3) CP Code:8 (3) CP Code:
1. Step 1: Submission of dossier of 1. Step 1: Submission of dossier of
Case if its stated complete –or Case if its stated complete –or
P21– Step 2)P21– Step 2)
2. Step 2: Responsibility of 2. Step 2: Responsibility of Physical Physical
Evidences and the Suspect (s).Evidences and the Suspect (s).
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Completion of Completion of DossierDossier::
Terms of Completion :Terms of Completion :
1. Formil: Authorized official? 1. Formil: Authorized official?
Arrest, Detention, Search Arrest, Detention, Search and and
Seizure according to Rule? Seizure according to Rule?
Right ID? Complaint/Report? Right ID? Complaint/Report?
Evidence? Evidence?
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Material Completion:Material Completion:
Offense?Offense? Minimum Evidence? Minimum Evidence? Ommission?Ommission? Tempus Delicti?Tempus Delicti? Locus Delicti? Locus Delicti?
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PROSECUTION PROSECUTION (1)(1)
Definition: Art. 1: 7 Definition: Art. 1: 7
Competency: Competency:
1. CP Code: Art. 13 jo. 1371. CP Code: Art. 13 jo. 137
a. Public Prosecutor (PP)a. Public Prosecutor (PP)
b. Investigator under the power b. Investigator under the power
of PP: Art. Ps. 205 of PP: Art. Ps. 205
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Competency Competency (2)(2)
2. Non CP Code: 2. Non CP Code:
a. Human Right Crime: PP Ad a. Human Right Crime: PP Ad
Hoc (Non Career and Career Hoc (Non Career and Career
PP)PP)
b. Corrupction Crime: Dual b. Corrupction Crime: Dual
MethodMethod
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Dual Method in Corruption Dual Method in Corruption Crime: Crime:
I II
Investigation Police Investigator/Public Attorney
Investigator at KPK (Corruption Eradication
Commission)
Prosecution Public Prosecutor Prosecutor at KPK
Trial District Court Corruption Crime Court.
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AUTHORITIES of ProsecutorAUTHORITIES of Prosecutor
Art. 13: Public Prosecutor is a Art. 13: Public Prosecutor is a public attorney conducting public attorney conducting prosecution and execute the ruling prosecution and execute the ruling of the judge.of the judge.
See Art. 14 CP CodeSee Art. 14 CP Code: :
a. Examine the dossier submitted by a. Examine the dossier submitted by
investigator (1investigator (1stst Session of Pre Session of Pre
Adjudication- See Also Art.138)Adjudication- See Also Art.138)
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Authorities (2)
b. Conduct Pre Prosecution (1st Session of Pre Adjudication – See also Art.138-139 CP code)
c. Grant extension of detention, carry out detention or further detention, change the status of detainee (See Detention)
d. Prepare bills of indictment (Most important authority- See Art. 140 (1) & 143 (1) CP code)
e. Bring action before the court (see Art. 1 para 7 CP code)
f. Give notification
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Authorities (3)
g. To conduct a prosecution (see art.1 para 7 and Art.137 CP code)h. To close a case in the interest of Law
(for the reasons of: insufficient evidence, complaint offense – See Art.183, See Penal Code Art.76, 77, 78, if the event is not regarded as an offense/crime – See Art.140 (2) CP Code).
i. To execute rulings of a judge
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Authorities (4)
i. To execute rulings of a judge
Court Judgement: 1. Verdict: execute by Public
Attorney 2. Ruling: execute by Public
Prosecutor