Type: LAW (UU)

By: PRESIDENT OF THE REPUBLIC OF INDONESIA

Number: 8 YEAR 1981 (8/1981)

Date: DECEMBER 31, 1981 (JAKARTA)

Reference: LN 1981/76; TLN NO. 3209

Title: CRIMINAL PROCEDURE

WITH THE BLESSINGS OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

CONSIDERING:

a. whereas the state of the Republic of Indonesia is a nation governed by law

based on Pancasila (State Philosophy) and the 1945 Constitution which uphold human
rights and guarantee that all citizens have equal status under the law and the
government and must respect the law and the government without any exception;

b. whereas for the sake of development in the field of law as set forth in the
Broad Outlines of State Policy (Stipulation of the People's Consultative Assembly of
the Republic of Indonesia Number IV/MPR/1978) it is necessary to undertake efforts
to improve and perfect the development of national law by reforming the codification
and unification of the laws in the framework of actual implementation of the
Archipelagic Concept;

c. whereas such development of national law in the field of criminal procedure

calls for the society to observe their rights and obligations and for the improvement in
fostering the attitudes of law enforcement officials in accordance with their respective
functions and authorities aimed at the upholding of law, justice and protection of
dignity and integrity of mankind, order and legal certainty to ensure the operation of a
nation governed by law in accordance with the 1945 Constitution;

d. whereas the criminal procedure as set forth in Het Herziene lnlandsch

Reglement (Staatsblad Year 1941 Number 44) in connection with and Law Number 1
Drt. Year 1951 (State Gazette Year 1951 Number 9, Supplement to State Gazette
Number 81) and all implementation regulations thereof and the provisions set forth in
other legislations insofar as regarding the criminal procedure are no longer compatible
with the objectives of national law and therefore must be revoked;

e. whereas therefore it is necessary to enact a law regarding the criminal

procedure for the administration of justice in the courts of law within the public
judicature and the Supreme Court by regulating the rights and obligations of the
persons involved in the criminal proceedings, in such a way as to lay the main
foundation for a nation governed by law.
In view of:

1. Article 5 paragraph (1), Article 20 paragraph (1) and Article 27 paragraph (1)
of the 1945 Constitution;

2. Stipulation of the People's Consultative Assembly of the Republic of

Indonesia Number IV/MPR/1978;

3. Law Number 14 Year 1970 regarding the Basic Provisions on Judiciary

Authorities (State Gazette Year 1970 Number 74, Supplement to the State Gazette
Number 2951).

WITH THE APPROVAL OF THE PEOPLE'S REPRESENTATIVE ASSEMBLY

OF THE REPUBLIC OF INDONESIA

HAS DECIDED:
By revoking:

1. Het Herziene Inlandsch Reglement (Staatsblad Year 1941 Number 44) in

connection with and Law Number 1 Drt. Year 1951 (State Gazette Year 1951 Number
9, Supplement to State Gazette Number 81) and all implementation regulations
thereof;

2. Provisions stipulated in other laws and regulations; to the extent of those

provisions stated in points 1 and 2 insofar as regarding the criminal procedure.

TO STIPULATE:
LAW REGARDING CRIMINAL PROCEDURE

CHAPTER 1
GENERAL PROVISIONS

Article 1

Referred to in this law as:

1. Investigator shall be an officer of the police force of the Republic of Indonesia

or a certain civil service official who is granted a special authority by the law to
conduct an investigation.

2. Investigation shall be a series of actions conducted by an investigator in

matters and according to the procedure as regulated hereunder to seek and gather
evidence to clarify whether a criminal act has occurred and to locate the suspect(s).

3. Assistant investigator shall be an officer of the police force of the Republic of

Indonesia who, by virtue of certain authority vested in him/her, may carry out
investigative tasks as regulated hereunder.
4. Inquirer shall be an officer of the police force of the Republic of Indonesia
who is granted an authority hereunder to perform an inquiry.

5. Inquiry shall be a series of actions conducted by an inquirer to seek and to find

an event presumed to be a criminal act in order to determine whether or not an
investigation can be carried out, according to the procedure as regulated hereunder.

6. a. Public attorney shall be an official who is granted an authority

hereunder to act as a public prosecutor and to execute court decision having obtained
permanent legal force.
b. Public prosecutor shall be a public attorney who is granted an authority
hereunder to conduct a prosecution and to execute the judge stipulations.

7. Prosecution shall be an action of a public prosecutor to bring criminal cases

before a competent district court in matters and according to the procedure as
regulated hereunder to be heard and decided upon by the judge in a hearing.

8. Judge shall be an official of the state judiciary who is granted an authority

hereunder to adjudicate legal cases.

9. To adjudicate shall be a series of actions conducted by a judge to receive, hear

and decide upon criminal cases based on the principles of independence, honesty and
impartiality in a court hearing in matters and according to the procedure as regulated
hereunder.

10. Pretrial Hearing shall be the authority of district court to hear and make
decisions according to the procedure as regulated hereunder, with regard to:
a. legality of an arrest and or a detention upon the request of the suspect
or his family or other parties based on a power of attorney given by the suspect;
b. legality of a cessation of investigation or prosecution upon a request
for the sake of upholding law and justice;
c. a request for compensation or rehabilitation from a suspect or his
family or other parties based on a power of attorney granted to them whose case has
not been brought before the court.

11. Court decision shall be a the pronouncement made by a judge in an open

hearing, which may be in the form of an imposition of penalty, an acquittal or a
dismissal of all charges in matters, and according to the procedure as regulated
hereunder.

12. Remedy shall be the right of a defendant or a public prosecutor to reject a

court decision by contesting it in the form of an appeal to an appellate court or to the
Supreme Court or the right of a convicted person to submit an application for a
judicial review in matters and according to the procedure as regulated hereunder.

13. Legal counsel shall be a person meeting the requirements stipulated by or

based on the law to provide legal assistance.

14. Suspect shall be a person who due to his deeds or his conditions, based on
preliminary evidence, can reasonably be presumed to have committed a criminal act.
15. Defendant shall be a suspect who is prosecuted, examined and adjudicated in a
court hearing.

16. Confiscation shall be a series of actions conducted by an investigator to take

over and or to maintain under his control movable or immovable, tangible or
intangible objects, to be used for the purpose of substantiation in investigation,
prosecution and court examination.

17. House search shall be an action conducted by an investigator to enter a place

of residence and other closed premises to carry out inspection and or confiscation and
or arrest in matters and according to the procedure as regulated hereunder.

18. Body search of shall be an action conducted by an investigator to inspect the

body and or the clothes of a suspect to look for objects which are strongly presumed
to be present in his body or carried by him, for confiscation.

19. Apprehension in flagrante delicto shall be the apprehending of a person at the

time he is committing a criminal act, or immediately after the time the criminal act is
committed, or shortly after the public exclaim that the person is the one who
committed such criminal act, or if shortly thereafter an object is found in him which is
strongly presumed to have been used to commit the criminal act and which indicates
that he is the perpetrator or an accomplice or an abettor of the criminal act.

20. Arrest shall be an action of an investigator to temporarily restrict the freedom

of a suspect or a defendant when there is sufficient evidence for the purposes of
investigation or prosecution and or court examination in matters and according to the
procedure as regulated hereunder.

21. Detention shall be the placement of a suspect or a defendant in a certain place

by an investigator or public prosecutor or a judge under his stipulation, in matters and
according to the procedure as regulated under this law.

22. Compensation shall be the right of a person to receive satisfaction of his

claims in the form of payment of an amount of money because of having been
arrested, detained, prosecuted or tried without any lawful reason or due to an error
with regard to a person's identity or the law being applied according to the procedure
as regulated hereunder.

23. Rehabilitation shall be the right of a person to have his rights restored to their
capacity, status, dignity and integrity which is granted at the stage of investigation,
prosecution or court examination because of having been arrested, detained,
prosecuted or tried without any lawful reason or due to an error with regard to a
person's identity or the law being applied according to the procedure as regulated
hereunder.

24. Report shall be the notification submitted by a person due to a right or

obligation under the law to a competent official stating that a criminal event has
occurred or is occurring or is expected to occur.
25. Complaint shall be the notification and request submitted by a relevant party
to an authorized official to take legal action against a person who has committed a
criminal act-on-complaint which has caused damage to such party.

26. Witness shall be a person who can testify for the purposes of investigation,
prosecution and court examination on a criminal case which he himself has heard,
seen or experienced.

27. Testimony shall be one of the means of evidence in a criminal case in the form
of information from a witness concerning a criminal event which he himself has
heard, seen or experienced by stating the reasons for his knowledge.

28. Expert testimony shall be information provided by a person who has special
expertise on matters required to explain a criminal case for the purposes of
examination.

29. Testimony of a minor shall be information provided by a child on matters

required to explain a criminal case for the purposes of examination in matters and
according to the procedure as regulated hereunder.

30. Family shall be those who have blood relationships to a certain degree or
marital relationships with those involved in a criminal process as regulated hereunder.

31. One day shall be a period of twenty-four hours and one month shall be a
period of thirty days.

32. Convicted Person shall be a person who has been convicted based on a court
decision having obtain permanent legal force.

CHAPTER II
SCOPE OF THE LAW

Article 2

This law shall apply to the administration of justice within the public judicature at all
levels of court examination.

CHAPTER III
THE BASIS OF COURT EXAMINATION

Article 3

Court Examination shall be carried out according to the procedure as regulated

hereunder.

CHAPTER IV
INVESTIGATOR AND PUBLIC PROSECUTOR

Part One
Inquirer and Investigator
Article 4

Inquirer shall be any officer of the police force of the Republic of Indonesia.

Article 5

(1) The inquirer as intended in Article 4:

a. due to his obligation shall be authorized:

1. to receive a report or a complaint from a person regarding the
existence of a criminal act;
2. to seek information and evidence;
3. to order a suspected person to stop and to ask for and check his
identification;
4. to take other accountable actions in accordance with the law.

b. upon the order of an investigator, may take the following actions:

1. arrest, restriction of movement, search and confiscation;
2. inspection and confiscation of letters;
3. fingerprinting and photographing of a person;
4. the taking and bringing of a person before an investigator.

(2) The inquirer shall prepare and submit reports to the investigator on the results
of the actions as stated in paragraph (1) sub-paragraphs a and b.

Article 6

(1) Investigator shall be:

a. an officer of the police force of the Republic Indonesia

b. a certain civil service official who is granted a special authority by the

law.

(2) The requirements of rank for the officers and officials as intended in paragraph
(1) shall be further regulated under a government regulation.

Article 7

(1) An investigator as intended in Article 6 paragraph (1) sub paragraph a due to

his obligation shall be authorized:

a. to receive a report or a complaint from a person regarding the existence

of a criminal act;
b. to take the first action at the crime scene;
c. to order a suspect to stop and check the suspect's identification;
d. to conduct an arrest, detention, search and confiscation;
e. to carry out examination and confiscation of documents,
f. to take the fingerprint and photograph of a person; .
 g. to summon a person to be heard and examined as a suspect or a
witness;
h. to invite an expert required in connection with the examination of a
case;
i. to cease an investigation;
j. to take other accountable actions in accordance with the law.

(2) The investigator as intended in Article 6 paragraph (1) sub-paragraph b shall

have the authority in accordance with the relevant laws and in carrying out his duties,
such investigator shall be under the coordination and supervision of the investigator as
intended in Article 6 paragraph (1) sub-paragraph a.

(3) In carrying out the duties as intended in paragraphs (1) and (2), the
investigator shall be obligated to uphold the prevailing law.

Article 8

(1) The investigator shall prepare minutes of implementation of the actions as

intended in Article 7 without prejudice to other provisions herein.

(2) The investigator shall deliver the case dossiers to the public prosecutor.

(3) The delivery of the case dossiers as intended in paragraph (2) shall be
conducted as follows:
a. at the first stage, the investigator shall only deliver the case dossiers;
b. in the event that the investigation is deemed to have been completed,
the investigator shall hand over the responsibility for the suspect and the evidence to
the public prosecutor.

Article 9

The Inquirer and Investigation as intended in Article 6 paragraph (1) sub-paragraph a

shall have the authority to perform their respective duties throughout the territory of
Indonesia in general, and in particular in the respective jurisdictions where they were
appointed in accordance with the provisions of law.

Part Two
Assistant Investigator

Article 10

(1) Assistant investigator shall be an officer of the police force of the Republic of
Indonesia who is appointed by the Chief of the Police Force of the Republic of
Indonesia based on the requirements of rank as intended in paragraph (2) of this
article.

(2) The requirements of rank as intended in paragraph (1) shall be regulated under
a government regulation.
Article 11

An assistant investigator shall have the authority as stated in Article 7 paragraph (1),
except with respect to detention, which must be given based on the delegation of
authority by the investigator.

Article 12

An assistant investigator shall prepare minutes and deliver the case dossiers to the
investigator, except for cases with short examination that can be delivered directly to
the public prosecutor.

Part Three
Public Prosecutor

Article 13

Public prosecutor shall be a public attorney who is granted an authority hereunder to

conduct prosecution and execute judge stipulations.

Article 14

The Public Prosecutor shall have the authority:

a. to receive and examine the dossier of an investigated case submitted by an

investigator or an assistant investigator;

b. to conduct pre-prosecution if there are deficiencies in the investigation with

due observance of Article 110 paragraphs (3) and (4), by giving instructions in the
context of improving the investigation of the relevant investigator;

c. to grant an extension of detention, to carry out a detention or a further

detention and or to change the status of a detainee after his case has been referred to
him by the investigator;

d. to prepare indictment letter;

e. to summit a case before the court;

f. to give notification to the defendant of the day and time the case will be tried
along with a summon, both to the defendant and to the witnesses, to appear at the
designated hearing;

g. to conduct a prosecution;

h. to close a case for legal purposes;

i. to take other actions within the scope of his duties and responsibilities as a
public prosecutor according to the provisions herein;
j. to execute judge stipulations.

Article 15

The public prosecutor shall prosecute a criminal cases that occurred in his jurisdiction
in accordance with the provisions of law.

CHAPTER V
ARREST, DETENTION, BODY SEARCH, HOUSE ENTRY, CONFISCATION
AND EXAMINATION OF DOCUMENTS

Part One
Arrest

Article 16

(1) For the purposes of inquiry, the inquirer upon the order of the investigator
shall have the authority to make an arrest.

(2) For the purposes of investigation, the investigator and the assistant
investigator shall have the authority to make an arrest.

Article 17

An arrest warrant shall be given to any person who is strongly presumed to have
committed a criminal act based on sufficient preliminary evidence.

Article 18

(1) The task of making an arrest shall be conducted by officers of the police force
of the Republic of Indonesia by showing their assignment letters and giving the
suspect the arrest warrant which contains the suspect's identity and the reasons for the
arrest as well as a brief explanation of the criminal case of which he is being
suspected and the place where he is to be examined.

(2) In cases of apprehension in flagrante delicto, the arrest shall be made without a
warrant, provided that the arresting officer must immediately deliver the arrested
person and the evidence to the nearest investigator or assistant investigator.

(3) A carbon copy of the arrest warrant as intended in paragraph (1) shall be
provided to the arrested person's family immediately after the arrest is made.

Article 19

(1) The arrest as intended in Article 17 shall be made for a maximum period of
one day.

(2) A person suspected of having committed a misdemeanor shall not be arrested,

except when without valid reasons the person has failed to fulfill a summon for two
consecutive times.
Part Two
Detention

Article 20

(1) For the purposes of investigation, an investigator or assistant investigator upon

the order of an investigator as intended in Article 11 shall have the authority to make
a detention.

(2) For the purposes of prosecution, the public prosecutor shall have the authority
to make a detention or further detention.

(3) For the purposes of examination, the presiding judge shall have the authority
to make a detention by virtue of his stipulation.

Article 21

(1) A warrant for detention or further detention shall be given to a suspect or a

defendant who is strongly presumed to have committed a criminal act based on
sufficient evidence, in cases where there are circumstances which give rise to a
concern that the suspect or the defendant will escape, damage or make evidence
disappear and/or repeat the criminal act.

(2) An investigator or public prosecutor shall detain or further detain a suspect or

a defendant by presenting a warrant for detention or a judge stipulation which sets
forth the identity of the suspect or the defendant and states the reason for detention
and a brief explanation of the criminal case of which he is being suspected or accused
and the place of detention.

(3) A carbon copy of the warrant for detention or further detention or the judge
stipulation as intended in paragraph (2) must be provided to the detained person's
family.

(4) Such detention may only be applied to a suspect or a defendant who has
committed a criminal act and/or has attempted or abetted such criminal act in which:

a. the criminal act is subject to imprisonment of five years or more;

b. the criminal act is as intended in Article 282 paragraph (3), Article
296, Article 335 paragraph (1), Article 351 paragraph (1), Article 353 paragraph (1),
Article 372, Article 378, Article 379a, Article 453, Article 454, Article 455, Article
459, Article 480 and Article 506 of the Criminal Code, Articles 25 and 26 of Rechten-
ordonnantie (violations against the Customs and Excise Ordinance, most recently
amended by Staatsblad Year 1931 Number 471), Articles 1, 2 and 4 of the Law on
Immigration Offenses (Law Number 8 Drt. Year 1955, State Gazette Year 1955
Number 8), Article 36 paragraph (7), Articles 41, 42, 43, 47, and 48 of Law Number 9
Year 1976 regarding Narcotics (State Gazette Year 1976 Number 37, Supplement to
State Gazette Number 3086).

Article 22
(1) Types of detention may take the form of:

a. detention in a state detention house;

b. house arrest;
c. city arrest;

(2) House arrest shall be carried out at the home or residence of a suspect or a
defendant by conducting a supervision over him to prevent anything that might create
difficulties in the investigation, prosecution or court examination.

(3) City arrest shall be carried out in the city where a suspect or a defendant lives
or resides, and the aforementioned suspect or defendant must report in person at the
specified times.

4) The period of arrest and or detention shall be subtracted in full from the term
of the penalty imposed.

5) For city arrest, such subtraction shall be one-fifth of the total period of
detention whereas for house arrest, it shall be one-third of the total period of
detention.

Article 23

(1) An investigator or a public prosecutor or a judge shall have the authority to

change the type of detention from one type of detention to another type as intended in
Article 22.

(2) A change in the type of detention shall be stated separately in a warrant issued
by the investigator or the public prosecutor or a judge stipulation, a carbon copy of
which shall be provided to the suspect or the defendant and his family and the
relevant government authorities.

Article 24

(1) A warrant for detention issued by an investigator as intended in Article 20

shall only be valid for not more than twenty days.

(2) If necessary for the purpose of incomplete examination, the period as intended
in paragraph (1) may be extended by the relevant public prosecutor for not more than
forty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the
possibility of the suspect being released from detention prior to the end of the period
of detention, if the purposes of the examination have been satisfied.

(4) After such sixty-day period, the investigator must have released the suspect
from detention by the operation of law.

Article 25
(1) A warrant for detention issued by a public prosecutor as intended in Article 20
shall only be valid for not more than twenty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in
paragraph (1) may be extended by the head of the district court concerned for not
more than thirty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the
possibility of the suspect being released from detention prior to the end of the period
of detention, if the purposes of the examination have been satisfied.

(4) After such fifty-day period, the public prosecutor must have released the
suspect from detention by the operation of law.

Article 26

(1) A judge of a district court adjudicating a case as intended in Article 84 shall

have the authority, for the purposes of examination, to issue a warrant for detention
for not more than thirty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in
paragraph (1) may be extended by the head of the district court concerned for not
more than sixty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the
possibility of the defendant being released from detention prior to the end of the
period of detention, if the purposes of the examination have been satisfied.

(4) After the ninety-day period, even though the case has not been decided upon,
the defendant must have been released from detention by the operation of law.

Article 27

(1) The judge of an appellate court adjudicating a case as intended in Article 87,
for the purposes of examination on an appeal, shall have the authority to issue a
warrant for detention for a period of not more than thirty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in
paragraph (1) may be extended by the head of the appellate court concerned for not
more than sixty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the
possibility of the defendant being released from detention prior to the end of the
period of detention, if the purposes of the examination have been satisfied.

(4) After the ninety-day period, even though the case has not been decided upon,
the defendant must have been released from detention by the operation of law.

Article 28
(l) The Supreme Court Justice adjudicating a case as intended in Article 88, for
the purposes of examination on an appeal to the Supreme Court, shall have the
authority to issue a warrant for detention for a period of not more than fifty days.

(2) If necessary for the purpose of incomplete examination, the period as stated in
paragraph (1) may be extended by the Head of the Supreme Court for not more than
sixty days.

(3) The provisions as stated in paragraphs (1) and (2) shall not preclude the
possibility of the defendant being released from detention prior to the end of the
period of detention, if the purposes of the examination have been satisfied.

(4) After the one hundred and ten day period, even though the case has not been
decided upon, the defendant must have been released from detention by the operation
of law.

Article 29

(1) Notwithstanding the periods of detention as intended in Articles 24, 25, 26, 27
and 28, for the purposes of examination, the detention of a suspect or a defendant may
be extended based on proper and unavoidable reasons, because:

a. the suspect or defendant is suffering from a serious physical or mental

disturbance, as evidenced by a doctor's statement, or

b. the case being examined is subject to imprisonment of nine years or

more.

(2) The extension as intended in paragraph (1) shall be granted for not more than
thirty days and in the event that such detention is still required, it may be extended
again for not more than thirty days.

(3) Such extension of detention based on a request and an examination report at

the stage of:

a. investigation and prosecution shall be granted by the head of a district

court;

b. examination in a district court shall be granted by the head of the

appellate court;

c. examination on an appeal shall be granted by the Supreme Court;.

d. examination on an appeal to the Supreme Court shall be granted by the

Head of the Supreme Court;

(4) The authority for the extension of detention by the officials as intended in
paragraph (3) shall be exercised gradually and with full responsibility.
(5) The provision as stated in paragraph (2) shall not preclude the possibility of
the suspect or the defendant being released from detention prior to the end of such
period of detention, if the purposes of the examination have been satisfied.

(6) After the sixty-day period, even though the relevant case is still being
examined or has not been decided upon, the suspect or defendant must have been
released from detention by the operation of law.

(7) With regard to the extension of the period of detention as stated in paragraph
(2), the suspect or the defendant may submit objections at the stage of:

a. investigation and prosecution to the head of the appellate court.

b. examination by the district court and examination on appeal to the
Head of the Supreme Court.

Article 30

If the period of detention as intended in Articles 24, 25, 26, 27 and 28 or the extension
of detention as intended in Article 29 proves to be illegal, the suspect or the defendant
shall have the right to claim compensation in accordance with the provisions intended
in Articles 95 and 96.

Article 31

(1) Upon the request of the suspect or the defendant, an investigator, a public
prosecutor or a judge, in accordance with their respective authorities, may conduct a
postponement of detention with or without bail or personal guarantee, based on the
stipulated requirements.

(2) Due to their positions, an investigator, a public prosecutor or a judge may

from time to time revoke the postponement of detention in the event that the suspect
or the defendant fails to observe the requirements as intended in paragraph (1).

Part Three
Search

Article 32

For the purposes of investigation, an investigator may perform a house search or a

search of clothes or a body search according to the procedures stipulated herein.

Article 33

(1) With the approval from the head of the local district court, in carrying out an
investigation, an investigator may perform a house search as required.

(2) If necessary, upon a written order from an investigator, an officer of the police
force of the Republic of Indonesia may enter a house.
(3) If the suspect or occupant gives his consent thereto, each entry of the house
must be witnessed by two witnesses.

(4) If the suspect or occupant refuses to give his consent thereto or is not present,
each entry of the house must be witnessed by the relevant head of village or
neighborhood and two witnesses.

(5) Within two days after entering and/or searching a house, minutes must be
made and a copy thereof shall be delivered to the owner or occupant of the house
concerned.

Article 34

(1) In urgent circumstances, where an investigator must act immediately and

cannot possibly obtain an approval first, without prejudice to the provision of Article
33 paragraph (5) the investigator may carry out a search:

a. in the yard of the house where the suspect resides, stays or is present
and of the things found on such yard.
b. in every other place where the suspect resides, stays or is present.
c. at the location where the criminal act was committed or where traces of
such criminal act are found.
d. in lodgings and other public places.

(2) In the event that an investigator performs a search as intended in paragraph

(1), the investigator shall not be allowed to examine or confiscate documents, books
and other written materials which are not connected with the criminal act concerned,
except objects connected with the criminal act concerned or which are presumed to
have been used in committing such criminal act and for which purpose the
investigator shall be obligated to immediately report to the head of the local district
court to obtain his approval.

Article 35

Except in cases of apprehension in flagrante delicto, an investigator shall not be

allowed to enter:

a. a room where a meeting of the People's Consultative Assembly, the People's

Representative Assembly or Regional People's Representative Assembly is held;

b. a place where a religious service and/or ceremony is taking place;

c. a room where a court hearing is being held.

Article 36

In the event that an investigator must conduct a house search outside his jurisdiction,
without prejudice to the provision stated in Article 33, such search must be conducted
with the knowledge of the head of the district court and in the company of an
investigator from the jurisdiction where the search is conducted.
Article 37

(1) At the time of arresting a suspect, an inquirer shall only have the authority to
search clothes including objects carried by the suspect, if there is a strong
presumption based on sufficient reason that the suspect has objects that may be
confiscated.

(2) At the time of arresting a suspect or if the suspect as intended in paragraph (1)
is brought to an investigator, the investigator shall have the authority to search the
clothes and or the body of the suspect.

Part Four
Confiscation

Article 38

(1) Confiscation may only be carried out by an investigator with an approval from
the head of the local district court.

(2) In urgent circumstances, where an investigator must act immediately and

cannot possibly obtain an approval first, without prejudice to the provision of
paragraph (1), the investigator may only confiscate movable objects and for which
purpose he shall be obligated to report immediately to the head of the local district
court to obtain his approval.

Article 39

(1) Objects which may be subject to confiscation shall be:

a. objects or claims of a suspect or a defendant all or part of which are

presumed to have been obtained from a criminal act or as a result of a criminal act;
b. objects which have been directly used to commit a criminal act or to
prepare for a criminal act;
c. objects used to obstruct the investigation of a criminal act;
d. objects specially made and intended for committing a criminal act;
e. other objects which have a direct connection with the criminal act
committed.

(2) Objects which have been confiscated due to a civil case or bankruptcy may
also be confiscated for the purposes of investigation, prosecution and court
examination of a criminal case, insofar as they meet the provisions of paragraph (1).

Article 40

In cases of apprehension in flagrante delicto, an investigator may confiscate objects

and tools which obviously or which may reasonably be presumed to have been used to
commit a criminal act or other objects which may be used as evidence.

Article 41
In cases of apprehension in flagrante delicto, an investigator shall have the authority
to confiscate packages or documents or objects the transport or sending of which is
handled by the post and telecommunication office, communication or transportation
agency or enterprise, insofar as such packages, documents or objects are addressed to
or have come from the suspect and for this a receipt shall be provided for the suspect
and or the official of the post and telecommunication office, communication or
transportation agency or enterprise concerned.

Article 42

(1) An investigator shall have the authority to order a person in control of objects
which may be confiscated to surrender the objects for the purposes of investigation
and a receipt must be provided to the person surrendering such objects.

(2) The surrender of documents or other written materials to an investigator may

only be ordered if such documents or written materials come from the suspect or the
defendant or are addressed to him or are his property or are intended for him or if
such objects are a means for committing a criminal act.

Article 43

The confiscation of documents or other written materials from those who are
obligated by law to keep them confidential, insofar as they do not concern state
secrets, may only be carried out upon their agreement or upon special approval from
the head of the local district court, unless otherwise provided for by the law.

Article 44

(1) Confiscated objects shall be kept in a state storehouse for confiscated objects.

(2) The storage of confiscated objects shall be conducted in the best possible
manner and the responsibility therefor shall rest with the official authorized in
accordance with the stage of examination in the legal proceedings and such objects
shall not be used by any person whomsoever.

Article 45

(1) In the event that the confiscated objects consist of objects which can be easily
damaged or are dangerous, so that it is impossible to store them until the court
decision upon the case concerned has obtained permanent legal force or if the costs
for storing such objects would be to high, as far as possible upon the approval of the
suspect or his attorney the following actions may be taken:

a. if the case is still handled by an investigator or public prosecutor such

objects may be sold at an auction or may be secured by the investigator or public
prosecutor, witnessed by the suspect or his attorney;
 b. if the case is already handled by the court, then such objects may be
secured or sold at an auction by the public prosecutor upon the approval of the
presiding judge and witnessed by the suspect or his attorney.

(2) The proceeds from the auctioning of the objects concerned which is in the
form of money shall be used as evidence.

(3) Where possible, a portion of the objects as intended in paragraph (1) shall be
put aside for the purposes of substantiation.

(4) Confiscated objects that are illegal or are cannot be circulated shall be
excluded from the provision as intended in paragraph (1) and shall be confiscated to
be used in the state's interest or to be destroyed.

Article 46

(1) Objects which are confiscated shall be returned to the person or to those from
whom they have been confiscated, or to the person or those who are the most entitled
to them, if,

a. they are no longer needed for the purpose of investigation and

prosecution;
b. the case concerned has not been prosecuted because of the lack of
sufficient evidence or it is evident that it does not constitute a criminal act,
c. the case concerned has been put aside for the public interest or closed
by law, unless the objects are obtained from a criminal act or have been used for
committing a criminal act.

(2) If the case has been decided upon, the confiscated objects shall be returned to
the person or to those persons mentioned in the decision, unless according to the
decision the objects are to be confiscated for the state, in order to be destroyed or
damaged in such a way as to be no longer usable or if the goods concerned are still
needed, to be used as evidence for another case.

Part Five
Examination of Documents

Article 47

(1) An investigator shall have the right to open, examine and confiscate other
documents sent through the post and telecommunication office, communication or
transportation agency or enterprise, if the objects concerned are, for a good reason,
suspected of having a connection with a criminal case currently being examined, with
a special approval issued for such purpose by the head of the district court.

(2) For such purpose, the investigator may request the head of the post and
telecommunication office, the head of the communication or other transportation
agency or enterprise concerned to surrender the intended documents, for which a
receipt must be provided.
(3) The acts as intended in paragraphs (1) and (2) of this article may be taken at
all stages of examination in the legal proceedings in accordance with the provisions
stipulated in such paragraphs.

Article 48

(1) If after having been opened and examine it is evident that the documents are
related to the case under examination, such documents shall attached to the case
dossiers.

(2) If after having been examined, it is evident that such documents are not related
to such case, the documents shall be neatly sealed and immediately returned to the
post and telecommunication office, or other communication and transportation agency
or enterprise after having been stamped "opened by investigator" and affixed with the
date, signature and identity of the investigator.

(3). The investigator and the officials at all stages of examination in the legal
proceedings shall be obligated to truly maintain the confidentiality of the contents of
the returned documents with due observance of their oath of office.

Article 49

(1) The investigator shall prepare minutes with regard to the actions as intended in
Articles 48 and 75.

(2) Copies of such minutes shall be sent by the investigator to the head of the post
and telecommunication office, the head of the communication or transportation
agency or enterprise concerned.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 50

(1) A suspect shall have the right to be promptly examined by an investigator and
thereafter to have the case referred to a public prosecutor.

(2) A suspect shall have the right to have his case promptly submitted to the court
by the public prosecutor.

(3) A defendant shall have the right to be promptly adjudicated by the court.

Article 51

In order to prepare a defense:

a. a suspect shall have the right to be clearly informed in language which he

understands about what he is being suspected of at the beginning of an examination;
b. a defendant shall have the right to be clearly informed in language which he
understands about what he is being accused of.
Article 52

In examinations at the stages of investigation and court examination, a suspect or a

defendant shall have the right to freely give information to an investigator or a judge.

Article 53

(1) In examinations at the stages of investigation and court examination, a suspect

or a defendant shall have the right at any time to be assisted by an interpreter as
intended in article 177.

(2) In the event that a suspect or a defendant is deaf and or dumb, the provision as
intended in article 178 shall apply.

Article 54

For the purposes of a defense, a suspect or a defendant shall have the right to obtain
legal assistance from one or more legal counsels during the period of and at every
stage of examination, according to the procedures stipulated herein.

Article 55

In order to obtain legal counsel(s) as intended in Article 54, a suspect or a defendant

shall have the right to choose his own legal counsel(s).

Article 56

(1) In the event that a suspect or a defendant is suspected of or indicted of having

committed a criminal act which is subject to a capital punishment or imprisonment of
fifteen years or more or for those who are destitute and subject to imprisonment of
five years or more and do not have their own legal counsel, the relevant official at all
stages of examination in the legal proceedings shall be obligated to appoint a legal
counsel for them.

(2) Any legal counsel who is appointed to act as intended in paragraph (1) shall
provide assistance free of charge.

Article 57

(1) A suspect or a defendant who is subject to detention shall have the right to
contact his legal counsel in accordance with the provisions of this law.

(2) A suspect or a defendant of foreign nationality who is subject to detention

shall have the right to contact and speak with the representative of his country in
facing the process of his case.

Article 58
A suspect or a defendant who is subject to detention shall have the right to contact and
to be visited by his personal doctor for the interest of his health, whether or not this
has any connection with the process of the case.

Article 59

A suspect or a defendant who is subject to detention shall have the right to have his
family or other people living in the same house as the suspect or the defendant or
other persons whose assistance is required by the suspect or the defendant to obtain
legal assistance or guarantee for the postponement of his detention notified of his
detention by the authorized official, at all stages of examination in the legal
proceeding.

Article 60

A suspect or a defendant shall have the right to contact and receive visits from
persons who have family or other relationships with the suspect or the defendant in
order to obtain guarantees for the postponement of detention or for the purposes of
obtaining legal assistance.

Article 61

A suspect or a defendant shall have the right, directly or through the mediation of his
legal counsel, to contact and receive visits from his relatives for matters which have
no connection with the case of the suspect or the defendant for occupational or family
concerns.

Article 62

(1) A suspect or a defendant shall have the right to send documents to his legal
counsel, and to receive documents from his legal counsel and relatives at any time he
requires, for which purpose stationery shall be provided to the suspect or defendant.

(2) Correspondence between a suspect or a defendant and his legal counsel or

relatives shall not be examined by an investigator, a public prosecutor, a judge or an
official of a state detention house, unless there is sufficient reason to presume that the
correspondence is being abused.

(3) In the event that a document for a suspect or a defendant is scrutinized or

examined by an investigator, a public prosecutor, a judge or an official of a state
detention house, the suspect or defendant shall be informed of such matter and such
document shall be returned to the sender after being stamped with the word
"scrutinized".

Article 63

A suspect or a defendant shall have the right to contact and receive visits from a
spiritual leader.

Article 64
A defendant shall have the right to be tried in an open hearing.

Article 65

A suspect or a defendant shall have the right to seek and call in a witness and or a
person with special expertise to provide testimony for the benefit of the suspect or the
accused.

Article 66

A suspect or a defendant shall not bear the burden of proof.

Article 67

A defendant or public prosecutor shall have the right to appeal against a decision of a
court of first instance except against a decision of acquittal, a dismissal of all charges
related to a matter of inappropriate application of law and a court decision under
express proceeding.

Article 68

A suspect or a defendant shall have the right to claim compensation and rehabilitation
as set forth in Article 95 and so forth.

CHAPTER VII
LEGAL ASSISTANCE

Article 69

The legal counsel shall have the right to contact a suspect as from the time of his
arrest or detention at all stages of examination according to the procedures stipulated
herein.

Article 70

(1) The legal counsel as intended in Article 69 shall have the right to contact and
speak with the suspect at any stage of examination and at any time for the purposes of
defending his case.

(2) If there is proof that such legal counsel is abusing his right in speaking with
the suspect, then in accordance with the stage of examination, the investigator, public
prosecutor or prison officer shall give a warning to the legal counsel.

(3) If the warning is not being observed, then such contact shall be supervised by
the official as intended in paragraph (2).

(4) If after the supervision is conducted, the right is still abused, such contact shall
be witnessed by the official as intended in paragraph (2) and if thereafter the violation
continues, then the contact shall from then on be prohibited.
Article 71

(1) In contacting a suspect, the legal counsel shall be supervised by the

investigator, public prosecutor or prison officer who shall not listen to the content of
the discussion in accordance with the stage of examination.

(2) In the event of a crime against the state security, the officials as intended in
paragraph (1) may listen to the content of the discussion.

Article 72

Upon the request of a suspect or his legal counsel, the official concerned shall provide
a copy of the minutes of examination for the purposes of his defense.

Article 73

The legal counsel shall have the right to send and receive documents from a suspect at
any time he desires.

Article 74

The restrictions of the freedom of contact between the legal counsel and a suspect as
stated in Article 70 paragraphs (2), (3), (4) and Article 71 shall be prohibited, after the
case has been referred by the public prosecutor to the district court to be heard, a
carbon copy of which letter shall be delivered to the suspect or his legal counsel as
well as to the other parties in the process.

CHAPTER VIII
MINUTES

Article 75

(1) Minutes shall be prepared for each of the following actions:

a. examination of a suspect;
b. arrest;
c. detention;
d. search;
e. house entry;
f. confiscation of objects;
g. examination of documents;
h. examination of witnesses;
i examination at the crime scene;
j. execution of court stipulations and decisions;
k. the implementation of other actions in accordance with the provisions
hereof.
(2) Minutes shall be prepared by the official involved with the implementation of
the acts as stated in paragraph (1) and shall be prepared with due observance of the
oath of office.

(3) In addition to being signed by the official as intended in paragraph (2), such
minutes shall also be signed by all parties involved in the actions stated in paragraph
(1).

CHAPTER IX
OATH OR PLEDGE

Article 76

(1) In matters for which the taking of an oath or a pledge is mandatory based on
the provisions hereof, the prevailing laws and regulations concerning oath or pledge
shall be applied for such purpose, both with respect to the content as well as the
procedure thereof.

(2) If the provisions as intended in paragraph (1) are not fulfilled, such oath or
pledge shall be null and void.

CHAPTER X
THE AUTHORITY OF THE COURT TO ADJUDICATE

Part One
Pretrial Hearing

Article 77

A district court shall be authorized to examine and make decisions, in accordance

with the provisions set forth hereunder concerning:

a. the legality of an arrest, detention, cessation of investigation or prosecution;

b. compensation and or rehabilitation for a person whose criminal case is ceased

at the stage of investigation or prosecution.

Article 78

(1) The authority of the district court as intended in Article 77 shall be exercised
in the form of pretrial hearing.

(2) Pretrial hearing shall be chaired by a single judge appointed by the head of the
district court and assisted by a clerk.

Article 79

A request for an examination the legality of an arrest or detention shall be submitted

by the Suspect, his family or his attorney to the head of the district court by stating the
reasons therefor.
Article 80

A request to examine the legality of a cessation of investigation or prosecution may be

submitted by the investigator or public prosecutor or a third party having interests in
such case to the head of the district court by stating the reasons therefor.

Article 81

A request for compensation and or rehabilitation as a consequence of an illegal arrest

or detention or as a result of legal cessation of investigation or prosecution shall be
submitted by a suspect or a third party having interests in such case to the head of the
district court by stating the reasons therefor.

Article 82

(1) The agenda of pretrial hearing for the matters as intended in Articles 79, 80
and 81 shall be stipulated as follows:

a. Within three days after receiving the request, the appointed judge shall
set the hearing day;

b. in examining and deciding upon the legality of an arrest or detention,

the legality of the cessation of investigation or prosecution, a request for
compensation and or rehabilitation as a consequence of an illegal arrest or detention,
as a consequence of legal cessation of investigation or prosecution and the existence
of confiscated objects which do not constitute evidence, the judge shall hear the
testimony of both the suspect and the petitioner as well as the authorized official(s);

c. such examination shall be carried out promptly and by no later than

seven days the judge must have passed his decision;

d. in the event that the examination of a case has been commenced at a

district court, while the examination of the request for pretrial hearing has not been
completed, such request shall be null and void;

e. a decision in pretrial hearing at the stage of investigation shall not

preclude the possibility of another examination in pretrial hearing being held at the
stage of examination by the public prosecutor, if a new request is submitted for such
purpose.

(2) The decision in pretrial hearing with respect to matters as intended in Articles
79, 80 and 81 must clearly state the basis and reasons for such decision.

(3) In addition to stating the provisions as intended in paragraph (2), the decision
shall also state the following matters:

a. if the decision states that an arrest or a detention is illegal, the

investigator or the public prosecutor at their respective stages of examination must
immediately release the suspect;
 b. if the decision states that a cessation of an investigation or a
prosecution is illegal, the investigation or prosecution of the suspect shall be
continued;

c. if the decision states that an arrest or a detention is illegal, the amount

of compensation and rehabilitation to be given shall be set forth in the decision,
whereas if a cessation of an investigation or a prosecution is legal and the suspect is
not detained, the decision shall set forth his rehabilitation.

d. if the decision states that not all of the objects confiscated constitute
evidence, the decision shall state that such objects must be immediately returned to
the suspect or to the person from whom such objects were confiscated.

(4) Compensation may be requested, including the matters as intended in Articles

77 and 95.

Article 83

(1) No appeals may be filed against a decision in pretrial hearing in respect of the
matters as intended in Articles 79, 80 and 81.

(2) A decision in pretrial hearing which states that the cessation of an

investigation or a prosecution is illegal shall be excluded from the provision in
paragraph (1), for which purpose a final decision of the appellate court within the
relevant jurisdiction may be requested.

Part Two
District Courts

Article 84

(1) A district court shall be authorized to adjudicate all cases regarding criminal
acts committed within its jurisdiction.

(2) A district court in the jurisdiction of which a defendant resides, most recently
stays, is found or detained, shall only be authorized to adjudicate the case of such
defendant if the residences of most of the witnesses to be summoned are closer to that
district court than to the district court in the area of which the criminal act is
committed.

(3) If a defendant commits several criminal acts within the jurisdictions of several
district courts, each district court shall be authorized to adjudicate the criminal case.

(4). Several criminal cases which are related to one another and committed by an
individual within the jurisdictions of several district courts shall be adjudicated by
each district court with a provision that there is a possibility of a joint adjudication of
such cases.

Article 85
In the event that the conditions in an area do not allow a district court to adjudicate a
case, upon the recommendation of the head of the district court or the head of the
district prosecutor's office concerned, the Supreme Court shall recommend to the
Minister of Justice to determine or appoint a district court other than that intended in
Article 84 to adjudicate the case.

Article 86

If a person commits a criminal act abroad which may be adjudicated under the law of
the Republic of Indonesia, the Central Jakarta District Court shall have the authority
to adjudicate the case.

Part Three
Appellate Courts

Article 87

An appellate court shall be authorized to adjudicate cases which have been decided
upon by a district court within its jurisdiction for which an appeal has been filed.

Part Four
The Supreme Court

Article 88

The Supreme Court shall be authorized to adjudicate all criminal cases for which an
appeal to the Supreme Court has been filed.

CHAPTER XI
INTERCONNECTED JURISDICTIONS

Article 89

(1) A criminal act committed together by those under the public judicature and the
military judicature shall be examined and adjudicated by a court within the public
judicature, unless according to a decision of the Minister of Defense and Security
upon the approval of the Minister of Justice the case must be examined and
adjudicated by a court within the military judicature.

(2) The investigation of a criminal case as intended in paragraph (1) shall be

carried out by a permanent team consisting of the investigator as intended in Article 6,
military police of the Armed Forces of the Republic of Indonesia and military
prosecutor or military prosecutor at the appellate level in accordance with their
respective authorities according to the law applicable to investigation of criminal
cases.

(3) The team as intended in paragraph (2) shall be formed under a joint decision
of the Minister of Defense and Security and the Minister of Justice.
Article 90

(1) To determine whether a court within the public judicature or a court within the
military judicature shall adjudicate a criminal case as intended in Article 89 paragraph
(1), a joint research shall be conducted by the public attorney or the public attorney at
the appellate level and the military prosecutor or the military prosecutor at the
appellate level based on the results of the investigation of the team as intended in
Article 89 paragraph (2).

(2) The agreement reached as a result of such joint research shall be stated in
minutes to be signed by the parties as intended in paragraph (1).

(3) If in this joint research there is a mutual agreement on which court shall be
authorized to adjudicate such case, this fact shall be reported by the public attorney or
the public attorney at the appellate level to the Attorney General or by the military
prosecutor or the military prosecutor at the appellate level to the Prosecutor General
of the Armed Forces of the Republic of Indonesia.

Article 91

(1) If according to the agreement as intended in Article 90 paragraph (3) the focus
of damage caused by the criminal act lies on the public interest and therefore the
criminal case must be adjudicated by a court within the public judicature, the officer
submitting the case shall immediately prepare a decision to refer the case to the public
prosecutor through the military prosecutor or the military prosecutor at the appellate
level to form the basis for submitting the case to the authorized district court.

(2) If according to the agreement the focus of damage caused by the criminal act
lies on the military interest so that the criminal case must be adjudicated by a court
within the military judicature, the agreement as intended in Article 90 paragraph (3)
shall be used as the basis for the Prosecutor General of the Armed Forces of the
Republic of Indonesia to recommend to the Minister of Defense and Security that a
decision of the Minister of Defense and Security upon the approval of the Minister of
Justice be issued stipulating that such criminal case shall be adjudicated by a court in
the military judicature.

(3) The decision as intended in paragraph (2) shall be the basis for the officer
submitting the case and the public attorney or the public attorney at the appellate level
to submit the case to the military court or the appellate military court.

Article 92

(1) If the case is submitted to the district court as intended in Article 91 paragraph
(1), the minutes of the examination prepared by the team as intended in Article 89
paragraph (2) shall be marked with a note by the public prosecutor submitting the
case, stating that such minutes have been taken over by him.

(2) The provision as intended in paragraph (1) shall also apply to the military
prosecutor or the military prosecutor at the appellate level if the case is to be
submitted to a court within the military judicature.
Article 93

(1) If in the research as intended in article 90 paragraph (1) there is a difference of

opinion between the public prosecutor and the military prosecutor or the military
prosecutor at the appellate level, they shall each report in writing on the difference of
opinion, enclosed with the case dossier, through the public attorney at the appellate
level, to the Attorney General and Prosecutor General of the Armed Forces of the
Republic Indonesia.

(2) The Attorney General and the Prosecutor General of the Armed Forces of the
Republic of Indonesia shall confer to reach a decision in order to resolve the
difference of opinion as intended in paragraph (1).

(3) In the case there is a difference of opinion between the Attorney General and
the Prosecutor General of the Armed Forces of the Republic of Indonesia, the opinion
of the Attorney General shall prevail.

Article 94

(1) If a criminal case as intended in Article 89 paragraph (1) is adjudicated by a

court within the public judicature or within the military judicature, the case shall be
adjudicated by a panel of judges consisting of at least three judges.

(2) If a court within the public judicature adjudicates a criminal case as intended
in Article 89 paragraph (1), the panel of judges shall consist of a presiding judge from
the public judicature and member judges respectively and evenly chosen from the
public judicature and from the military judicature.

(3) If a court within the military judicature adjudicates a criminal case as intended
in Article 89 paragraph (1), the panel of judges shall consist of a presiding judge from
the military judicature and member judges respectively and evenly chosen from the
military judicature and from the public judicature whom shall be given titular military
rank.

(4) The provisions as intended in paragraphs (2) and (3) shall also apply to
appellate courts.

(5) The Minister of Justice and the Minister of Defense and Security shall
reciprocally propose the appointment of member judges as intended in paragraphs (2),
(3) and (4) and officer judges as intended in paragraphs (3) and (4).

CHAPTER XII
COMPENSATION AND REHABILITATION

Part One
Compensation

Article 95
(1) A suspect, a defendant or a convicted person shall have the right to demand
compensation because of having been arrested, detained, prosecuted and adjudicated
or subjected to other actions, without any lawful reason or due to a mistake with
regard to his identity or the applicable law.

(2) A demand for compensation from a suspect or his heir for the arrest or
detention and other actions without any lawful reason or due to a mistake with regard
to the identity or the applicable law as intended in paragraph (1) whose case has not
been submitted to the district court, shall be decided upon in a pretrial hearing as
intended in Article 77.

(3) A demand for compensation as intended in paragraph (1) shall be submitted by

the suspect, the defendant, the convicted person or his heir to the court having the
authority to adjudicate the case concerned.

(4) To the extent possible, the head of the court shall appoint the same judge who
handled the criminal case concerned to examine and decide upon the demand for
compensation as intended in paragraph (1).

(5). Examination on the compensation as intended in paragraph (4) shall follow the
procedures for pretrial hearing.
Article 96

(1) A decision granting compensation shall take the form of a stipulation.

(2) The stipulation as intended in paragraph (1) shall completely state all matters
considered as reasons for such decision.

Part Two
Rehabilitation

Article 97

(1) A person shall be entitled to obtain rehabilitation if the court has acquitted him
or dismissed all charges against him under a decision having obtained permanent legal
force.

(2) Such rehabilitation shall be granted and stated in the court decision as intended
in paragraph (1).

(3) A request for rehabilitation by a suspect due to arrest or detention without any
lawful reason or a mistake with regard to identity Or the applicable law as intended in
Article 95 paragraph (1) whose case has not been submitted to the district court shall
be decided upon by a judge in pretrial hearing as intended in Article 77.

CHAPTER XIII
JOINT ADJUDICATION OF THE CLAIM FOR COMPENSATION

Article 98
(1) If an act which forms the basis of an indictment in the examination of a
criminal case by a district court causes any harm to another person, the presiding
judge may, upon the request of such person, decide to join the claim for compensation
with the criminal case.

(2) The request as intended in paragraph (1) may only be made by no later than
prior to the submission of criminal charges by the public prosecutor. If the public
prosecutor is not present, the request shall be submitted by no later than prior to the
rendering of decision by the judge.

Article 99

(1) If the party being harmed seeks a joint adjudication of his claim with the
criminal case as intended in Article 98, the district court concerned shall consider its
authority to adjudicate such claim, the veracity of the basis of the claim and the ruling
for reimbursement of costs incurred by the party being harmed.

(2) Except where the district court declares that it does not have the authority to
adjudicate a claim as intended in paragraph (1) or the claim is declared unacceptable,
the decision of the judge shall only state the stipulation of reimbursement of costs
incurred by the party being harmed.

(3) A decision on compensation shall automatically obtain permanent legal force ,

if the decision on the criminal case has obtained permanent legal force.

Article 100

(1) If there is a joint adjudication of a civil case and a criminal case, such joint
adjudication shall automatically continue at the appellate level of examination.

(2) If no appeal is filed against a criminal ease, a request for an appeal regarding a
decision on compensation shall not be allowed.

Article 101

The provisions of the rules of civil procedure shall apply to claims for compensation
insofar as not otherwise stipulated herein.

CHAPTER XIV
INVESTIGATION

Part One
Inquiry

Article 102

(1) An inquirer who knows, receives a report or a complaint about the occurrence
of an event which may reasonably be presumed to be a criminal act, shall be obligated
to promptly take the necessary inquiry.
(2) In cases of apprehension in flagrante delicto, the inquirer, without waiting for
an order from an investigator, shall promptly take the necessary steps in the context of
an inquiry as intended in Article 5 paragraph (1) sub-paragraph b.

(3) With regard to the steps taken as referred to in paragraphs (1) and (2), the
inquirer shall be obligated to prepare minutes of the inquiry and to report it to the
investigator of the same jurisdiction.

Article 103

(1) A report or complaint made in writing must be signed by the reporting party or
the complainant.

(2) A report or complaint made verbally must be recorded by the inquirer and
signed by the reporting party or the complainant and the inquirer.

(3) If the reporting party or the complainant is unable to write, this fact must be
stated as a note in such report or complaint.

Article 104

In performing inquiry duties, an inquirer shall be obligated to show his identity card.

Article 105

In performing inquiry duties, an inquirer shall be coordinated, supervised and

instructed by an investigator as intended in Article 6 paragraph (1) sub-paragraph a.

Part Two
Investigation

Article 106

An investigator who knows, receives a report or a complaint about the occurrence of

an event which may reasonably be presumed to be a criminal act, shall be obligated to
promptly take the necessary investigation.

Article 107

(1) For the purposes of investigation, the investigator as intended in Article 6

paragraph (1) sub-paragraph a shall give instructions to the investigator as intended in
Article 6 paragraph (1) sub-paragraph b and give the necessary investigative
assistance.

(2) If an event which may reasonably be presumed to be a criminal act is under

investigation by an investigator as intended in Article 6 paragraph (1) sub-paragraph b
and thereafter a strong evidence is found for submittal to the public prosecutor, the
investigator as intended in Article 6 paragraph (1) sub-paragraph b shall report the
matter to the investigator as intended in Article 6 paragraph (1) sub-paragraph a.
(3) If the investigation of a criminal act has been completed by the investigator as
intended in Article 6 paragraph (1) sub-paragraph b, he shall promptly hand over the
results of his investigation to the public prosecutor through the investigator as
intended in Article 6 paragraph (1) sub-paragraph a.

Article 108

(1) Any person experiencing, seeing, observing and/or becoming a victim of an

event that constitutes a criminal act shall have the right to submit a report or a
complaint to an inquirer and or an investigator either verbally or in writing.

(2) Any person who knows about a conspiracy to commit a criminal act against
the public tranquility and security or against any human life or against any property
shall be obligated to immediately report such fact to an inquirer or an investigator.

(3) Any civil servant who in the scope of carrying out his duties knows about any
occurrence of an event that constitutes a criminal act shall be obligated to promptly
report the fact to an inquirer or an investigator.

(4) A report or complaint which is submitted in writing must be signed by the

reporting party or the complainant.

(5) A report or complaint which is submitted verbally shall be recorded by the

investigator and signed by the reporting party or the complainant and the investigator.

(6) After receiving a report or a complaint, the inquirer or the investigator shall
provide the person concerned with a receipt for the report or complaint.

Article 109

(1) If an investigator has begun an investigation of an event constituting a

criminal act, the investigator shall notify the public prosecutor of the fact.

(2) If an investigator ceases an investigation because of the lack of sufficient

evidence or it is evident that such event does not constitute a criminal act or the
investigation has been ceased by virtue of the law, the investigator shall notify the
public prosecutor, the suspect or his family of this fact.

(3) If a cessation as intended in paragraph (2) is conducted by an investigator as

intended in Article 6 paragraph (1) sub-paragraph b, a notification of this fact shall
promptly be delivered to the investigator and the public prosecutor.

Article 110

(1) If an investigator has finished conducting an investigation, the investigator

shall be obligated to promptly submit the case dossier concerned to the public
prosecutor.
(2) If the public prosecutor believes that the results of such investigation are still
incomplete, the public prosecutor shall promptly return the case dossier to the
investigator with instructions for completion.

(3) If the public prosecutor returns the results of the investigation for completion,
the investigator shall be obligated to promptly conduct a supplementary investigation
in accordance with the instructions of the public prosecutor.

(4) An investigation shall be considered completed if within fourteen days the

public prosecutor has not returned the results of the investigation or if before the end
of such time limit, there has been a notification concerning the fact from the public
prosecutor to the investigator.

Article 111

(1) In cases of apprehension in flagrante delicto, every person shall have the right,
whereas every person having the authority in the field of public order, tranquility and
security shall have the obligation, to arrest a suspect to be submitted to an inquirer or
an investigator with or without any evidence.

(2) After taking custody of a suspect as intended in paragraph (1), the inquirer or
the investigator shall be obligated to promptly carry out an examination and other
actions in the context of an investigation.

(3) An inquirer and an investigator having received a report shall promptly

proceed to the crime scene and may prohibit anyone from leaving the place until the
site examination has been completed.

(4) Any person violating such prohibition may be forced to remain at that place
until completion of the examination as mentioned above.

Article 112

(1) An investigator conducting an examination shall have the authority to summon

the suspect and witnesses deemed necessary to be examined by giving legal summons
and clearly stating the reasons for the summons, while taking into account a
reasonable time limit between the receipt of the summons and the day the relevant
person(s) is required to fulfill such summons.

(2) The person(s) summoned shall be obligated to appear before the investigator
and if he/they should fail to appear, the investigator shall once again issue such a
summons, with an order to an officer to bring the person(s) to him.

Article 113

In the event that a suspect or a witness being summoned provides an appropriate and
proper reason why he is unable to appear before the investigator conducting an
examination, the investigator shall go to his place of residence.

Article 114
In the event that a person is suspected of having committed a criminal act before an
examination is commenced by an investigator, the investigator shall be obligated to
notify the suspect of his right to obtain legal assistance or that he must be assisted in
his case by legal counsel as intended in Article 56.

Article 115

(1) If an investigator is in the process of conducting an examination of a suspect,

the legal counsel may follow the course of the examination by watching and listening
to the examination.

(2) In the event of a crime against the state security, the legal counsel may be
present to watch but not to listen to the examination of the suspect.

Article 116

(1) A witness shall be examined without taking an oath, unless there is a sufficient
reason to presume that he will be unable to attend the court examination.

(2) Witnesses shall be examined individually, but one may be confronted with
another and they shall be obligated to tell the truth.

(3) In an examination a suspect shall be asked whether he wants a witness to be

heard who may testify favorably for him and if such witness is available this fact shall
be recorded in the minutes.

(4) In the event as intended in paragraph (3), the investigator shall be obligated to
summon and examine such witness(es).

Article 117

(1) The testimony of a suspect and or a witness to an investigator shall be given

without any pressure from anyone whomsoever and or in any form whatsoever.

(2) If a suspect testifies about what he has actually done in connection with the
criminal act of which he is being suspected, the investigator shall record it in the
minutes as thoroughly as possible in the words used by the suspect himself.

Article 118

(1) The testimony of a suspect and or a witness shall be recorded in the minutes
which shall be signed by the investigator and by the person giving the testimony after
they have approved the content thereof.

(2) In the event that the suspect and or the witness is not willing to affix his
signature, the investigator shall record this fact in the minutes stating the reasons for
such refusal.

Article 119
In the case a suspect and or a witness whose testimony must be heard stays or resides
outside the jurisdiction of the investigator conducting the investigation, the
examination of the suspect and or witness may be assigned to an investigator at the
place where such suspect and or witness stays or resides.

Article 120

(1) If an investigator deems it necessary, he may seek the opinion of an expert or a

person having specific expertise.

(2) Such expert shall take an oath or pledge before the investigator that he will
provide information to the best of his knowledge unless due to his dignity and
integrity, occupation or position he is obligated to maintain confidentiality, he may
refuse to give the requested information.

Article 121

The investigator with due observance of his oath of office shall promptly prepare
minutes which shall be dated and shall contain the details of the suspected criminal
action, stating the time, place and the conditions at the time the criminal act was
committed, the name and residence of the suspect and or witness(es), their
testimonies, notes regarding deeds and or objects and anything which is deemed
necessary for the purposes of solving the case.

Article 122

If a suspect is detained, the investigator must commence the examination within one
day after the warrant of the detention is executed.

Article 123

(1) A suspect, his family or legal counsel may file an objection to the detention or
the type of detention of the suspect to the investigator conducting the detention.

(2) For this purpose, the investigator may grant such request by considering
whether or not it is necessary for the suspect to remain in detention or remain in a
certain type of detention.

(3) If within three days the investigator has not granted the request, the suspect,
his family or legal counsel may submit the request to the investigator's superior.

(4) For this purpose, the investigator's superior may grant such request by
considering whether or not it is necessary for the suspect to remain in detention or
remain in a certain type of detention.

(5) The investigator or the investigator's superior as intended in the paragraph

above may grant the request with or without any conditions.

Article 124
With respect to the legality of a detention, a suspect, his family or legal counsel may
submit the matter to the local district court for a pretrial hearing in order to obtain a
decision on whether the detention of the suspect is legal or illegal according to this
law.

Article 125

In the event that an investigator conducts a house search, he shall first show his
identity card to the suspect or his family, and thereafter the provisions as intended in
Articles 33 and 34 shall apply.

Article 126

(1) The investigator shall prepare minutes of the implementation and results of the
house search as intended in Article 33 paragraph (5).

(2) The investigator shall first read out the minutes of the house search to those
concerned, then the minutes shall be dated and signed by the investigator and the
suspect or his family and or the village head or the head of the neighborhood with two
witnesses.

(3) If the suspect or his family is unwilling to affix his/their signature, this fact
shall be recorded in the minutes stating the reasons for such refusal.

Article 127

(1) For the purpose of security and order during a house search, an investigator
may arrange for the premises concerned to be guarded or closed.

(2) In this respect, the investigator shall have the right to order any person deemed
necessary not to leave the premises during the search.

Article 128

In the event that an investigator makes a confiscation, he shall first show his identity
card to the person from whom the objects are confiscated.

Article 129

(1) The investigator shall show the objects to be confiscated to the person from
whom the objects are to be confiscated or to his family and may request any
information about the confiscated objects in the presence of the village head or the
head of the neighborhood and two witnesses.

(2) The investigator shall prepare minutes of the confiscation which shall first be
read out to the person from whom the objects are confiscated or to his family, which
minutes shall thereafter be dated and signed by the investigator and the person
concerned or his family and or the village head or the head of the neighborhood and
two witnesses.
(3) If the person from whom the objects have been confiscated or his family is
unwilling to affix his/their signature, this fact shall be recorded in the minutes stating
the reasons for such refusal.

(4) The investigator shall give copies of the minutes to his superior, the person
from whom the objects are confiscated or his family and the village head.

Article 130

(1) Prior to being wrapped up, the weight and or number of each respective type,
characteristics and special features of the confiscated objects, the place, day and date
of confiscation, the identity of the person from whom the objects have been
confiscated, etc., shall be recorded and sealed, officially stamped and signed by the
investigator.

(2) If it is not possible to wrap up the confiscated objects, the investigator shall
draw up the records as intended in paragraph (1), which shall be written on labels
affixed to and/or attached to such objects.

Article 131

(1) In the event that the nature of a criminal act is such as to give a strong reason
to believe that information about it may be obtained from various documents, books
or texts, registers, etc., the investigator shall promptly proceed to the suspected
premises to conduct a search, examine documents, books or texts, registers, etc. and if
necessary to confiscate such objects.

(2) The confiscation shall be carried out according to the provisions as stipulated
in Article 129 hereof.

Article 132

(1) If a complaint is received stating that a document or writing is fake, falsified

or presumed by the investigator to be fake, for the purposes of examination, the
investigator may request a statement of an expert with regard to such fact.

(2) If there is a strong presumption that a document is fake or falsified, the

investigator upon the written approval of the head of the local district court may come
or request that the public official in charge of keeping the authentic document, whom
shall be obligated to comply with such request, to send the original document
maintained by him to be used for the purposes of comparison.

(3) If a document considered necessary for an examination is a part of and is

inseparable from a register as intended in Article 131, the investigator may request
that the entire register be sent to him for examination for a period as stipulated in the
request, for which he shall provide a receipt.
(4) If a document as intended in paragraph (2) is a part of a register, the keeper
shall prepare a copy of it as a substitute until the original document has been returned,
by noting on the bottom of the copy the reason for making such copy.

(5) In the event that the document or register is not sent within the time stipulated
in the request, without any valid reason, the investigator shall have the authority to
take it.

(6) All expenses for the settlement of matters as intended this article shall
constitute and be borne as costs of the case.

Article 133

(1) If for the sake of justice an investigator handles a victim, whether he is

injured, poisoned or dead presumably because of an event constituting a criminal act,
he shall have the authority to submit a request for an expert testimony from a court-
appointed medical expert or a doctor and or other experts.

(2) The request for expert testimony as intended in paragraph (1) shall be made in
writing, stating explicitly therein whether the request is for an examination of an
injury or an examination of a corpse and or an autopsy.

(3) A corpse sent to a court-appointed medical expert or a doctor in a hospital

shall be treated properly with due respect for such corpse and shall be provided with a
label stating the identity of the corpse which, sealed with an official stamp, shall be
attached to the toe or another part of the corpse.

Article 134

(I) In the event that it is absolutely necessary for the purposes of substantiation to
conduct an autopsy, the investigator shall be obligated to first notify the family of the
victim.

(2) In the event that the family objects, the investigator shall be obligated to
explain in the clearest possible way the objective and purpose of conducting such
autopsy.

(3) If within two days there is no response whatsoever from the family or the
relevant party has not been found, the investigator shall promptly implement the
provisions as intended in Article 133 paragraph (3) hereof.

Article 135

If the investigator, for the sake of justice, must disinter a corpse, it shall be
implemented in accordance with the provisions as intended in Article 133 paragraph
(2) and Article 134 paragraph (1) hereof.

Article 136
All costs incurred for the purposes of an examination as intended in Part Two of
Chapter XIV shall be borne by the state.

CHAPTER XV
PROSECUTION

Article 137

A public prosecutor shall have the authority to carry out the prosecution of anyone
who is being indicted of committing a criminal act within his jurisdiction by filing the
case before a court having the authority to adjudicate the case.

Article 138

(1) After having received the results of an investigation from an investigator, the
public prosecutor shall promptly study and conduct a research and within seven days
shall be obligated to notify the investigator of whether or not the results of the
investigation are complete.

(2) If the results of the investigation are evidently incomplete, the public
prosecutor shall return the case dossier to the investigator accompanied by
instructions on what must be done to make it complete and within fourteen days as
from the date of receipt of the case dossier, the investigator shall be obligated to
resubmit the case dossier to the public prosecutor.

Article 139

After the public prosecutor receives or re-receives the complete results of the
investigation from the investigator, he shall promptly determine whether or not the
case dossier has met the requirements to be brought to the court.

Article 140

(1) If the public prosecutor is of the opinion that a prosecution may be conducted
based on the results of the investigation, he shall, as soon as possible, prepare the
indictment.

(2) a. If the public prosecutor decides to cease prosecution because of the

lack of sufficient evidence or it is evident that such event does not constitute a
criminal act or the case has been closed by virtue of the law, the public prosecutor
shall stipulate it in a written stipulation.

b. The content of such written stipulation shall be made known to the

suspect and if he is detained, he shall be released immediately.

c. Copies of such written stipulation must be sent to the suspect or his

family or legal counsel, the official of the state detention house, the investigator and
the judge.
 d. If thereafter a new reason should emerge, the public prosecutor may
conduct a prosecution against the suspect.

Article 141

A public prosecutor may join several cases and include them in one indictment, if at
the same time or almost simultaneously he receives several case dossiers consisting
of:

a. several criminal acts committed by the same person and the interests of the
examination do not pose an obstacle for joining the cases;

b. several criminal acts which are interrelated one with the other(s);

c. several criminal acts which are not interrelated one with the other(s), but
which do have some connection with one another, so that it is necessary to join them
for the purposes of examination.

Article 142

If the public prosecutor receives a case dossier containing several criminal acts
committed by several suspects not subject to the provisions of article 141, the public
prosecutor may conduct a prosecution against each of the defendants separately.

Article 143

(1) A public prosecutor shall refer the case to a district court with a request that
the case be promptly adjudicated accompanied by the indictment.

(2) The public prosecutor shall prepare the indictment which shall be dated and
signed and which shall contain:

a. the full name, place of birth, age or date of birth, sex, nationality,
address, religion and occupation of the suspect.

b. an accurate, clear and complete explanation of the criminal act of

which the indictment is made, stating the time and place where the crime was
committed.

(3) Indictment which does not fulfill the provisions as intended in paragraph (2)
sub-paragraph b shall be null and void.

(4) Copies of the referral letter of the case and the indictment shall be sent to the
suspect or his attorney in-fact or legal counsel and the investigator, at the same time
the referral letter of the case is submitted to the district court.

Article 144

(I) A public prosecutor may change an indictment before the hearing day is set,
whether with the purpose to improve or to discontinue the prosecution.
(2) A change in the indictment may only be effected once by no later than seven
days before the hearing begins.

(3) If a public prosecutor changes an indictment, he shall send copies of it to the

suspect or his legal counsel and the investigator.

CHAPTER XVI
COURT EXAMINATION

Part One
Summons and Indictment

Article 145

(1) A notification to attend a hearing shall be valid, if it is conveyed by a written

summon to the defendant at his address or if his address is unknown, at his most
recent place of residence.

(2) If the defendant is not present at his address or at his most recent place of
residence the summons shall be conveyed through the village head whose jurisdiction
covers the address or the most recent place of residence of the defendant.

(3) If the defendant is in detention the summons shall be conveyed to him through
the official of the state detention house.

(4) Receipt of a summon by the defendant himself or by another person or

through another person, shall be conducted with a receipt.

(5) If the address or the most recent place of residence is unknown, the summons
shall be posted on the billboard at the building of the court having the authority to
adjudicate the case.

Article 146

(1) A summon issued by a public prosecutor to a defendant shall contain the date,
day, and time of the hearing and the case for which he is being summoned and shall
have been received by the person concerned by no later than three days before the
hearing begins.

(2) A summon issued by a public prosecutor to a witness shall contain the date,
day and time of the hearing and the case for which he is being summoned and shall
have been received by the person concerned by no later than three days before the
hearing begins.

Part Two
Settlement of Disputes on the Authority to Adjudicate

Article 147
After the district court receives the referral letter of a case from the public prosecutor,
the head of the district court shall make a review on whether the case falls within the
authority of the court which he leads.

Article 148

(1) If the head of the district court is of the opinion that the criminal act does not
fall within the authority of the court he leads, but falls within the authority of another
district court, he shall submit the referral letter of the case to the other district court
which is deemed to have the authority to adjudicate the case, with a written stipulation
stating the reasons for such matter.

(2) Such referral letter of the case shall then be returned to the public prosecutor
and the relevant district prosecutor's office shall submit it to the district prosecutor's
office within the jurisdiction of the district court as intended in the written stipulation.

(3) Copies of the written stipulation as intended in paragraph (1) shall be

delivered to the defendant or his legal counsel and the investigator.

Article 149

(1) In the event that the public prosecutor objects to the written stipulation of the
district court as intended in Article 149, then:

a. he shall file a contest to the relevant appellate court within seven days
after the receipt of such stipulation;
b. failure to observe the time limit as intended above shall make the
contest invalid;
c. such contest shall be delivered to the head of the district court as
intended in Article 148 where it shall be registered in the clerk's registry;
d. within a period of seven days the district court shall be obligated to
forward the contest to the relevant appellate court.

(2) The appellate court within a period of not more than fourteen days after
receiving such contest may confirm or reject the contest by a written stipulation.

(3) If the appellate court confirms the contest of the public prosecutor, then by
written stipulation it shall order the district court concerned to try the case.

(4) If the appellate court confirms the opinion of the district court, it shall send the
dossier of such criminal case to the district court concerned.

(5) A copy of the written stipulation of the appellate court as intended in

paragraphs (3) and (4) shall be sent to the public prosecutor.

Article 150

A dispute on the authority to adjudicate may arise:

a. if two or more courts declare that they have the authority to adjudicate the
same case;
b. if two or more courts declare that they do not have the authority to adjudicate
the same case.

Article 151

(1) An appellate court shall settle any dispute on the authority to adjudicate
between two or more district courts within its jurisdiction.

(2) The Supreme Court shall settle in the first and final instance all disputes on the
authority to adjudicate:

a. between a court of one judiciary and a court of another judiciary;

b. between two district courts located in the jurisdictions of different
appellate courts;
c. between two or more appellate courts.

Part Three
Common Examination

Article 152

(1) If a district court receives a referral letter of a case and is of the opinion that
the case is within its authority, the head of the court shall appoint a judge to try the
case and the appointed judge shall determine the hearing day.

(2) In determining the hearing day as intended in paragraph (1) the judge shall
order the public prosecutor to summon the defendants and witnesses to attend the
hearing.

Article 153

(1) On the day determined according to article 152 the court shall hold the
hearing.

(2) a. The presiding judge of the hearing shall lead the court examination
which shall be conducted orally in Indonesian language understood by the defendant
and witness.
b. He shall be obligated to ensure that nothing is done or that no question
is asked which would restrict the defendant or witness from giving his answer freely.

(3) For the purpose of examination, the presiding judge shall open the hearing and
declare it open to the public except in cases concerning morals or if the defendant is a
minor.

(4) Failure to meet the provisions in paragraphs (2) and (3) shall result in the
decision being null and void.
(5) The presiding judge may determine that minors who have not reached the age
of seventeen are not allowed to attend the hearing.

Article 154

(1) The presiding judge shall order that the defendant be summoned to enter and if
he is in detention, that he be brought before the court without being tied.

(2) If in the examination of a case the defendant who is not in detention fails to be
present on the designated hearing day, the presiding judge shall review whether the
defendant has been legally summoned.

(3) If the defendant has been summoned illegally, the presiding judge shall
postpone the hearing and order that the defendant be summoned again to be present at
the next hearing day.

(4) If in fact the defendant has been legally summoned, but failed to be present at
the hearing without any valid reason, the examination of the case cannot be continued
and the presiding judge shall order that the defendant be summoned once again.

(5) If in a case there are more than one defendants and not all of them are present
on the hearing day, the examination of those defendant(s) present may be continued.

(6) The presiding judge shall order that the defendants who are not present
without any valid reason after having been legally summoned for the second time be
forced to be present in the following hearing.

(7) The clerk shall record the report of the public prosecutor regarding the
implementation as intended in paragraphs (3) and (6) and convey it to the presiding
judge.

Article 155

(1) At the beginning of a hearing, the presiding judge shall ask the defendant's
complete name, place of birth, age or date of birth, sex, nationality, address, religion
and occupation and remind the defendant to pay attention to everything he hears and
observes during the hearing.

(2) a. Thereafter the presiding judge shall ask the public prosecutor to read
the indictment.

b. The presiding judge shall then ask the defendant whether he has truly
understood, and if in fact he has not understood, the public prosecutor upon the
request of the presiding judge shall be obligated to provide the necessary
explanations.

Article 156

(1) If the defendant or legal counsel raises an objection that the court is not
authorized to adjudicate his case or that the indictment cannot be accepted or that the
indictment must be revoked, the judge, after giving the public prosecutor an
opportunity to state his opinion, shall consider the objection and then make a decision.

(2) If the judge declares the objection is to be sustained, the case shall not be
examined any further; whereas if it is rejected or the judge believes that the matter
may only be decided upon completion of the examination, the hearing shall be
continued.

(3) If the public prosecutor objects to such decision, he may file a contest to the
appellate court through the relevant district court.

(4) If a contest submitted by a defendant or his legal counsel is accepted by an

appellate court, within fourteen days the appellate court shall, by written stipulation,
annul the decision of the district court and order an authorized district court to
examine the case.

(5) a. If a contest is submitted together with an appeal by a defendant or his

legal counsel to the appellate court, within fourteen days after having received the
case and having found the contest of the defendant to be correct, the appellate court
shall annul the decision of the district court concerned by a decision and shall appoint
an authorized district court.

b. The appellate court shall deliver a copy of its decision to the authorized
district court and to the district court previously trying the case concerned together
with the case dossier to be forwarded to the district prosecutor's office referring the
case.

(6) If the authorized court as intended in paragraph (5) is located within the
jurisdiction of another appellate court, the district prosecutor's office shall send the
case to the district prosecutor's office within the jurisdiction of the authorized district
court.

(7) After hearing the opinion of the public prosecutor and the defendant, the
presiding judge, due to his position, may declare the court to be unauthorized under a
written stipulation containing the reasons for such matter, even though there is no
contest filed.

Article 157

(1) A judge shall be obligated to withdraw from adjudication of a certain case if

he is related by blood or by marriage to the third degree, is or was married to the
presiding judge or one of the member judges, or the public prosecutor or the clerk of
court.

(2) The presiding judge, member judge, public prosecutor or clerk shall be
obligated to withdraw from handling a case if he is related by blood or by marriage to
the third degree, is or was married to the defendant or the defendant's legal counsel.

(3) If the provisions in paragraphs (1) and (2) are met, those who have withdrawn
must be replaced and if the provisions are not met or replacements are not made
whereas the case has been decided upon, the case must be retried with a different
composition.

Article 158

A judge shall be prohibited from displaying an attitude or making a statement at the

hearing about his belief on whether the defendant is guilty or not.

Article 159

(1) The presiding judge shall thereafter examine whether all the witnesses
summoned are present and shall issue an order to prevent witnesses from
communicating with one another prior to testifying at the hearing.

(2) If a witness is not present, despite having been legally summoned and the
presiding judge has sufficient reason to suspect that the witness does not intend to
attend the hearing, the presiding judge may order that the witness be brought to the
hearing.

Article 160

(1) a. Witnesses shall be called into the hearing room one by one in an order
considered best by the presiding judge after hearing the opinion of the public
prosecutor, the defendant or the legal counsel.

b. The first to be heard shall be the victim whom is a witness.

c. The presiding judge shall be obligated to hear the testimony of any

witness, whether such witness is exonerating or incriminating the defendant as stated
in the referral letter of the case and or as requested by the defendant or the legal
counsel or the public prosecutor during the hearing or before the rendering of a
decision.

(2) The presiding judge shall ask the witness about his full name, place of birth,
age or date of birth, sex, nationality, address, religion and occupation, and thereafter
whether the witness knows the defendant before the defendant committed the act
based on which the indictment is made and whether he has any relationship by blood
or by marriage to the defendant and to what degree, or whether he is or was the
spouse of the defendant or whether he has any binding employment relationship with
the defendant.

(3) Before testifying the witness(es) shall be obligated to take an oath or pledge
according to their respective religions, that he will testify to the truth and nothing but
the truth.

(4) If it is deemed necessary by the court, a witness or an expert shall be obligated

to take an oath or pledge after the witness or expert has testified.

Article 161
(1) In the event that a witness or an expert without any valid reason refuses to take
an oath or pledge as intended in Article 160 paragraphs (3) and (4), the examination
of such witness or expert shall continue, however he may be confined in the state
detention house for not more than fourteen days by written stipulation of the presiding
judge.

(2) If the time limit for such confinement has expired and the witness or expert
continues to refuse to take an oath or pledge, the testimony that has been given shall
constitute a testimony confirming the conviction of the judge.

Article 162

(1) If a witness passes away after testifying for an investigation or because of a

valid reason is unable to be present at the hearing or is not summoned because of the
distance of his address or place of residence or because of another reason connected
with the interests of the state, the testimony which has been given shall be read out.

(2) If such testimony was previously given under oath, such testimony shall be
considered equal in value to the testimony given by a witness under oath during the
hearing.

Article 163

If the testimony of a witness at the hearing differs from his testimony written in the
minutes, the presiding judge shall remind the witness of this fact and shall request an
information explaining the differences which shall be recorded in the minutes of the
court examination.

Article 164

(1) Each time a witness has finished testifying, the presiding judge shall ask the
defendant's opinion of the testimony.

(2) The public prosecutor or legal counsel through the presiding judge shall be
given the opportunity to question the witness and the defendant.

(3) The presiding judge may reject any question brought forward by the public
prosecutor or legal counsel to a witness or the defendant by stating the reasons for
such rejection.

Article 165

(1) The presiding judge and any member judge may request a witness to provide
any information deemed necessary to reveal the truth.

(2) The public prosecutor, the defendant or legal counsel through the presiding
judge shall be given an opportunity to question the witnesses.
(3) The presiding judge may reject a question brought forward by the public
prosecutor, the defendant or legal counsel to any witness by stating the reasons for
such rejection.

(4) Through the presiding judge, the judges and the public prosecutor, or the
defendant or the legal counsel, may cross-examine the witnesses to verify the truth of
their respective testimonies.

Article 166

Devious questions may not be addressed to either the defendant or witnesses.

Article 167

(1) After testifying, witnesses shall continue to be present at the hearing until the
presiding judge gives permission to leave.

(2) Such permission shall not be given if the public prosecutor or the defendant or
legal counsel requests that the witnesses remain present at the hearing.

(3) Witnesses shall not be allowed to speak to one another during the hearing.

Article 168

Unless otherwise provided for herein, the following persons' testimonies shall not be
taken into account and they may withdraw as witnesses:

a. relatives by blood or by marriage vertically up or down to the third degree of

the defendant or co-defendant;

b. siblings of the defendant or co-defendant, siblings or his mother or father,

those related by marriage and the children of the defendant's siblings to the third
degree;

c. past or present spouse of the defendant or co-defendant.

Article 169

(1) If those persons intended in Article 168 so desire and the public prosecutor as
well as the defendant explicitly agree, they may testify under oath.

(2) Without the agreement as intended in paragraph (1), they shall be allowed to
testify without taking an oath.

Article 170

(1) Those who because of their occupation, dignity or position are obligated to
keep secrets, may ask to be excused from the obligation to testify as witnesses,
specifically concerning matters entrusted to them.
(2) The judge shall determine the validity of all reasons for such request.

Article 171

Those who may be examined to testify without an oath shall be:

a. a minor who has not reached the age of fifteen years and has never been
married;

b. the insane or the mentally ill, even though their sanity may occasionally
return.

Article 172

(1) After a witness has testified, the defendant or legal counsel or the public
prosecutor may request the presiding judge to dismiss some witness(es) whose
presence is not desired by them from the courtroom, so that the presiding judge can
call in other witness(es) to testify, one by one or together without the presence of the
witness(es) dismissed.

(2) If necessary, the judge due to his position may ask that a witness whose
testimony has been heard leave the courtroom in order to subsequently hear the
testimony of another witness.

Article 173

The presiding judge may hear the testimony of a witness on certain matters without
the presence of the defendant, for which purpose he shall request the defendant to
leave the courtroom, however, the examination of the case may not be continued
thereafter until the defendant has been notified of everything that occurred during his
absence.

Article 174

(1) If a testimony of a witness at the hearing is suspected to be false, the presiding

judge shall seriously warn him to testify to the truth and notify the witness of the
sanction that may be imposed on him if he continues to give false testimony.

(2) If the witness remains firm on his testimony, the presiding judge due to his
position or upon the request of the public prosecutor or the defendant may issue an
order for the detention of the witness and thereafter be prosecuted for perjury.

(3) In such a case the clerk of the court shall promptly prepare minutes of the
court examination containing the testimony of the witness and the reason for
suspecting that the testimony of the witness is false, which minutes shall be signed by
the presiding judge and the clerk and promptly delivered to the public prosecutor to be
completed according to the provisions hereof.
(4) If necessary the presiding judge shall postpone the hearing of the main case
until the examination against the witness has been completed.

Article 175

If a defendant declines to answer or refuses to answer any question addressed to him,

the presiding judge shall suggest that he answers the question and thereafter the
examination shall be continued.

Article 176

(1) If a defendant behaves improperly so as to disturb the orderliness of the

hearing, the presiding judge shall reprimand him and if the reprimand is not being
observed, he shall order that the defendant be removed from the courtroom, and
subsequently the examination of the case shall be continued without the presence of
the defendant.

(2) If a defendant continuously behaves improperly so as to disturb the orderliness

of the hearing, the presiding judge shall endeavor to seek a solution so that a decision
may still be rendered with the presence of the defendant.

Article 177

(1) If the defendant or a witness does not understand the Indonesian language, the
presiding judge shall appoint an interpreter who under oath or pledge will truly and
accurately translate everything that must be translated.

(2) If a person is not allowed to serve as a witness in a case, he shall not be

allowed to serve as interpreter in such case.

Article 178

(1) If a defendant or a witness is dumb and or deaf and is unable to write, the
presiding judge shall appoint a person as translator who has the skill in
communicating with such defendant or witness.

(2) If a defendant or a witness is dumb and or deaf but is able to write, the
presiding judge shall address all questions or reprimands to him in writing and such
defendant or witness shall be ordered to write his answers; after which all questions
and answers must be read out.

Article 179

(1) Any person being asked for his opinion as a court-appointed medical expert or
as a doctor or other expert shall be obligated to give expert testimony for the sake of
justice.

(2) All the aforementioned provisions with regard to witnesses shall also apply to
those who give expert testimony with a provision that they shall take an oath or
pledge to testify to the truth and to the best of their knowledge in their field of
expertise.

Article 180

(1) If it is necessary to clarify the nature of any issue arising at the hearing, the
presiding judge may ask for expert testimony and may also ask for presentation of
new materials by the relevant party.

(2) If a reasonable objection is raised by the defendant or his legal counsel as to

the results of the expert testimony as intended in paragraph (1) the judge shall order
that the research on the matter be repeated.

(3) A judge due to his position may order that the research be repeated as intended
in paragraph (2).

(4) The repeated research as intended in paragraphs (2) and (3) shall be performed
by the agency performing the initial research with a different composition of
personnel and another agency having the authority for such matter.

Article 181

(1) The presiding judge shall show all evidence to the defendant and shall ask
whether he recognizes the objects with due observance of the provisions as intended
in Article 45 hereof.

(2) If necessary the objects shall also be shown to a witness by the presiding
judge.

(3) If it is deemed necessary for substantiation purposes, the presiding judge shall
read out or show a document or minutes to the defendant or a witness and ask for any
necessary information with respect thereto.

Article 182

(1) a. After an examination has been declared completed, the public

prosecutor shall submit his criminal charges.

b. The defendant and or legal counsel shall submit his defense which may
be replied to by the public prosecutor, provided however that the defendant or legal
counsel shall always have the last turn.

c. Charges, defenses and replies to the defenses shall be made in writing

and after having been read out shall be delivered promptly to the presiding judge and
copies thereof shall be delivered to the relevant parties.

(2) If the procedure as intended in paragraph (1) has been completed, the
presiding judge shall declare the examination closed, with the provision that he may
reopen it, whether upon authority of the presiding judge due to his position, or upon
the request of the public prosecutor or the defendant or the legal counsel by stating the
reason for such re-opening.

(3) Thereafter, the judges shall hold final consultations to reach a decision and if
necessary such consultations shall be held after the defendant, legal counsel, public
prosecutor the audience have left the courtroom.

(4) The consultations as intended in paragraph (3) must be based on the

indictment and all that has been proven in the court examination.

(5) In such consultations, the presiding judge shall ask questions starting with the
youngest judge and ending with the eldest judge, whereas the last to state his opinion
shall be the presiding judge and all opinions shall be accompanied by considerations
and reasons therefor.

(6) In principle the decision of the panel in consultation shall be the result of
unanimous agreement unless after earnest endeavors such agreement cannot be
achieved, in which case the following provisions shall apply:

a. decision shall be made by a majority of votes;

b. if the provision as intended in sub-paragraph a cannot be realized, the

decision adopted shall be the opinion of the judge most favorable for the defendant.

(7) The process of decision-making as intended in paragraph (6) shall be recorded

in the compilation of decisions especially provided for that purpose and the contents
of which shall be kept confidential.

(8) The decision of the district court may be rendered and announced on the same
day or on another day of which the public prosecutor, the defendant or legal counsel
must be notified in advance.

Part Four
Substantiation and Decisions in Common Examination

Article 183

A judge shall not impose a sanction upon a person unless there are at least two legal
evidence to base his conviction that a criminal act has truly occurred and that it is the
defendant who is guilty of committing it.

Article 184

(1) Legal evidence shall be as follows:

a. witness testimony;
b. expert testimony;
c. document;
d. indication;
e. defendant's testimony.
(2) Matters which are generally known shall not need to be proven.

Article 185

(1) A witness testimony as an evidence shall be what a witness states in a hearing.

(2) A testimony of one witness alone shall not be sufficient to prove that a
defendant is guilty of the act of which he is being accused.

(3) The provision as intended in paragraph (2) shall not apply if it is accompanied
by another legal evidence.

(4) Separate testimonies of several witnesses concerning an event or circumstance

may be used as legal evidence if such testimonies are related to one another in such a
way as to confirm the occurrence of a certain event or the existence of a certain
condition.

(5) An opinion or a conjecture derived from thoughts alone shall not constitute a
witness testimony.

(6) In assessing the truth of a testimony of a witness, a judge must seriously take
into account:

a. consistency between the testimony of one witness with that of another;

b. consistency between the testimony of a witness with another evidence;
c. the reasons possibly used by a witness to give certain testimony.
d. the way of life and morality of a witness and any matters which may
normally influence whether or not a testimony is reliable.

(7) The testimonies of witnesses without any oath, despite consistency among
them, shall not constitute evidence, but if such testimony is consistent with a
testimony of a witness under oath, then it may be used as supplemental legal
evidence.

Article 186

An expert testimony shall be what an expert states in a hearing.

Article 187

A document as intended in Article 184 paragraph (1) sub-paragraph c, written under

an oath of office or confirmed by an oath, shall be:

a. minutes and other documents made in official form by or before an authorized

public official, containing testimony about an event or a condition which one hears,
sees or experiences by oneself, accompanied by clear and explicit reasons for such
testimony;
b. a document made in accordance with the provisions of laws and legislations or
a document made by an official concerning matter(s) falling within the scope of his
duties for which he is responsible and to be used as evidence of a fact or a condition;

c. written testimony of an expert containing an opinion based on his expertise

concerning a fact or condition which is officially requested of him;

d. other documents which are only valid if they have a connection with the
contents of other evidence.

Article 188

(1) An indication shall be any act, event or condition which because of its
consistency, whether between one and another, or with the criminal act itself, signifies
that a criminal act has occurred and who the perpetrator is.

(2) An indication as intended in paragraph (1) may only be obtained from:

a. a witness testimony;
b. a document;
c. a defendant's testimony.

(3) Evaluation on the power of substantiation of an indication in any particular

condition shall be made by the judge wisely and prudently, after he accurately and
carefully conducts an examination based on his conscience.

Article 189

(1) A defendant's testimony shall be what a defendant states in a hearing

concerning the act(s) he has committed or what he knows or experiences himself.

(2) A defendant's testimony outside a hearing may be used to help find evidences
during the hearing, provided that such testimony is supported by a legal evidence
regarding the matter of which he is being indicted.

(3) A defendant's testimony may only be used towards the defendant himself.

(4) A defendant's testimony alone shall not be sufficient to prove that he is guilty
of the act of which he is indicted, it must be accompanied by other evidence.

Article 190

a. During a court examination, if a defendant is not detained, by a written

stipulation the court may order the detention of the defendant if the provisions of
Article 21 have been satisfied and there is sufficient reason for such matter.

b. If a defendant is detained, by a written stipulation the court may order the

release of the defendant, if there is sufficient reason for such matter by taking into
account the provisions of Article 30.
Article 191

(1) If the court is of the opinion that from the results of court examination, the
defendant is not legally and convincingly proven to be guilty for the acts he is being
indicted of, the defendant shall be declared acquitted.

(2) If the court is of the opinion that the act indicted against the defendant is
proven, but such act does not constitute a criminal act, all charges against the
defendant shall be dismissed.

(3) In cases such as those intended in paragraphs (1) and (2), a defendant who is
under detention shall be ordered to be released without any delay whatsoever, except
when there is another legal reason for which the defendant must be detained.

Article 192

(1) The order to release a defendant as intended in Article 191 paragraph (3) shall
be executed by the public attorney promptly after the decision has been pronounced.

(2) A written report on the execution of such order enclosed with the release order
shall be delivered to the head of the court concerned by no later than within three
times twenty-four hours.

Article 193

(1) If the court believes that a defendant is guilty of having committed the
criminal act of which he has been indicted of the court shall impose a sanction.

(2) a. In rendering a decision, if the defendant is not detained, the court may
order that the defendant be detained, if the provisions of Article 21 have been satisfied
and there is sufficient reason for such matter.

b. In rendering a decision, if the defendant is detained, the court may

stipulate that the defendant remains under detention or that he be released, if there is
sufficient reason for such matter.

Article 194

(1) In the event of a decision imposing a sanction or an acquittal or a dismissal of

all charges, the court shall stipulate that evidence confiscated be delivered to the party
most entitled to receive the objects back whose name shall be mentioned in such
decision unless according to the provisions of law such evidence must be confiscated
for the interest of the state or destroyed or damaged so that it may no longer be
utilized.

(2) Unless there is a valid reason, the court shall stipulate that evidence be
delivered promptly after conclusion of the hearing.

(3) An order for delivery of evidence shall be carried out without any conditions
whatsoever, except if the court decision has not obtained permanent legal force.
Article 195

All court decisions shall only be valid and have legal force if they are pronounced at
an open hearing.

Article 196

(1) A court shall decide a case with the defendant being present except otherwise
provided for herein.

(2) If there are more than one defendant in a case, the decision may be
pronounced in the presence of those defendants in attendance.

(3) Promptly after the decision has been pronounced, the presiding judge shall be
obligated to notify the defendant of all matters which are his rights, namely:

a. the right to promptly accept or to promptly reject the decision;

b. the right to study the decision before declaring acceptance or rejection
of the decision, within a time limit determined hereunder;
c. the right to request a postponement of an execution of decision for a
time limit determined by the law in order to seek a pardon, in the case the defendant
accepts a decision.
d. the right to request an examination of his case at an appellate level
within a time limit determined hereunder, in the case the defendant rejects the
decision;
e. the right to withdraw a statement as intended in sub-paragraph a within
a time limit determined hereunder.

Article 197

(1) A punitive decision shall contain:

a. heading of the decision which reads: "FOR THE SAKE OF JUSTICE

BASED ON GOD ALMIGHTY";
b. full name, place of birth, age or date of birth, sex, nationality, address,
religion and occupation of the defendant(s);
c. indictment, as found in the indictment letter;
d. considerations compiled in brief, regarding the facts and conditions
and the evidence(s) obtained during the court examination constituting the basis for
the determination whether the defendant is guilty or not;
e. criminal charge(s), as stated in the letter of criminal charges;
f. articles of laws and legislations forming the basis for imposition of
sanction or measures and articles of laws and legislations constituting the basis for
decision, accompanied by incriminating and mitigating conditions for the defendant;
g. the day and date of the judges panel deliberations unless the case is
examined by a single judge;
h. declaration of guilt of the defendant, a declaration that all elements in
the description of criminal act have been satisfied, along with the qualifications and
sanction or measures imposed;
 i. provisions on who shall bear the case fees stating the exact amount
thereof and provisions regarding evidence;
j. remarks that the entire document(s) are evidently false or an
explanation of where the falseness lies, if some authentic documents are deemed to be
false;
k. the order that the defendant be detained or to remain in detention or be
released.
i. the day and date of decision, the name of the public prosecutor, the
name(s) of the judge(s) giving the decision and the name of the clerk of the court;

(2) Failure to meet the provisions in paragraph (1) sub-paragraphs a, b, c, d, e, f,

g, h, i, j, k, and l of this article shall render the decision null and void.

(3) The decision shall be executed promptly in accordance with the provisions of
this law.

Article 198

(1) If a judge or a public prosecutor is absent, the head of the court or a competent
official of the public prosecutor's office shall be obligated to promptly appoint an
official to substitute the absent official.

(2) If a legal counsel is absent, he shall appoint his substitute and if the substitute
is also absent, then the hearing shall continue.

Article 199

(1) A non-punitive decision shall contain:

a. provisions as intended in Article 197 paragraph (1) except sub-

paragraphs e, f and h;
b. declaration that the defendant is acquitted or that all charges are
dismissed, stating the reasons and the articles of laws and legislations constituting the
basis for the decision;
c. the order that the defendant be promptly released if he is detained.

(2) The provisions as intended in Article 197 paragraphs (2) and (3) shall also
apply to this article.

Article 200

The judges and the clerk of the court shall sign the decision letter without any delay
after the decision has been pronounced.

Article 201

(1) If a document is found to be false or falsified, the clerk of the court shall
attach to it an excerpt of decision duly signed by the clerk which contains the remarks
as intended in Article 197 paragraph (1) sub-paragraph j and the said false or falsified
document shall be marked with a note referring to the excerpt of decision.
(2) No first copy or copy of the false or falsified original document shall be given
unless the clerk has added a note to the note as intended in paragraph (1) accompanied
by a copy of the excerpt of decision.

Article 202

(1) The clerk of the court shall prepare minutes of hearing by taking into account
the necessary requirements and containing all things that happened during the hearing
in connection with the examination.

(2) The minutes of hearing as intended in paragraph (1) shall also contain
important matters from testimonies of witnesses, of the defendant and of the experts
unless the presiding judge declares that it is sufficient to make reference to the
testimonies in the minutes of examination by stating any differences between one
another.

(3) Upon the request of the public prosecutor, the defendant or legal counsel, the
presiding judge shall be obligated to order the clerk of the court to make a particular
note concerning a condition or a testimony.

(4) The minutes of hearing shall be signed by the presiding judge and the clerk of
the court unless either one of them is absent, which fact shall be stated in such
minutes.

Part Five
Brief Examination

Article 203

(1) Cases of criminal acts or misdemeanors which do not fall under the provisions
of Article 205 and which according to the public prosecutor require simple and
straightforward substantiation and law enforcement shall be examined under the brief
examination procedure.

(2) In cases as intended in paragraph (1), the public prosecutor shall present the
defendant and the witnesses, experts, interpreters and necessary evidence.

(3) The provisions of Part One, Part Two and Part Three of this Chapter shall
apply to this procedure insofar as they are not contrary to the following provisions:

a. 1. the public prosecutor shall promptly notify the defendant

verbally by consulting his notes right after the defendant has answered all the
questions as intended in Article 155 paragraph (1) at the hearing, of the criminal act
for which he is being indicted by stating the time, place and conditions when such
criminal act was committed;
2. this notification shall be recorded in the minutes of hearing and
shall constitute a substitute for the indictment letter;
 b. If the judge considers a supplemental examination is necessary, the
supplemental examination shall be held within a period of fourteen days at the most
and if within such time the public prosecutor has not been able to complete the
supplemental examination, the judge shall order the case to be submitted to the court
under common procedure;

c. for purposes of defense, upon the request of the defendant and/or legal
counsel, the judge may postpone an examination for not more than seven days;

d. the decision shall not be prepared specially, but shall be recorded in the
minutes of hearing;

e. the judge shall provide a document containing the contents of the

decision;

f. the contents of such document shall have equal legal force to a court
decision under common procedure.

Article 204

If it becomes evident from the court examination that a case being examined under a
brief procedure is in fact clear and minor in nature, that it should have been properly
examined under an express procedure, upon the agreement of the defendant the judge
may proceed with such an examination.

Part Six
Express Examination

Paragraph I
Examination of Minor Criminal Acts

Article 205

(1) Cases subject to a maximum sanction of three months imprisonment and or a

fine of not more than seven thousand five hundred rupiah and minor defamation
except as provided for in Paragraph 2 of this Part shall be examined according to the
examination procedures for minor criminal acts.

(2) In cases as intended in paragraph (1), the investigator, based on a power of

attorney from the public prosecutor, shall present the defendant together with the
evidence, witnesses, experts and or interpreters before the court within three days
after completion of the minutes of the examination.

(3) In examination procedure as intended in paragraph (1), the court consisting of

a single judge shall adjudicate at the first and final instance, except when the sanction
rendered is depriving the liberty of the defendant, he may file an appeal.

Article 206
The court shall set a certain day within seven days for adjudication of cases falling
under the examination procedures of minor criminal acts.

Article 207

(1) a. The investigator shall notify the defendant in writing of the day, date,
hour and place where he must be present for hearing and this shall be properly
recorded by the investigator, which record together with the case dossier shall
thereafter be sent to the court.

b. A case falling under the examination procedure of minor criminal acts

must be promptly tried upon receipt on that particular hearing day.

(2) a. The assigned judge shall order the clerk of the court to record all cases
he receives in the register.

b. The register shall contain the full name, place of birth, age or date of
birth, sex, nationality, address, and religion as well as occupation of the defendant,
and the indictment placed against him.

Article 208

A witness in the examination procedures of minor criminal acts shall not take an oath
or pledge unless the judge deems it necessary.

Article 209

(1) The decision shall be recorded by the judge in the list of case records and
thereafter it shall be recorded by the clerk in the register and signed by the judge
concerned and the clerk of the court.

(2) Minutes of court examination shall not be prepared unless during such
examination it becomes evident that there are matters which are not in accordance
with the minutes of examination prepared by the investigator.

Article 210

The provisions of Part One, Part Two and Part Three of this Chapter shall remain
applicable insofar as they are not in contrary to this Paragraph.

Paragraph 2
Examination of Traffic Violations

Article 211

Cases involving certain violations of traffic laws and regulations shall be examined
according to the examination procedure under this Paragraph.

Article 212
No minutes of examination shall be required for cases of traffic violations, and
therefore the record as intended in Article 207 paragraph (1) sub-paragraph a, shall be
promptly submitted to the court by no later than on the next following hearing day.

Article 213

A defendant may appoint a person by power of attorney to represent him in the

hearing.

Article 214

(1) If a defendant or his representative is not present at the hearing, the

examination of the case shall continue.

(2) If a decision is pronounced without the presence of a defendant, a document

containing the decision shall promptly be delivered to the convicted person.

(3) Evidence that the document containing the decision has been delivered to the
convicted person by the investigator shall be submitted to the clerk of the court to be
recorded in the register.

(4) If a decision is rendered without the presence of the defendant and the
decision constitutes a sanction in the form of deprivation of liberty, the defendant may
file a contest.

(5) Within seven days after a decision has legally been notified to the defendant,
he may file a contest to the court rendering the decision.

(6) With such contest, the decision rendered without the presence of the defendant
shall be null and void.

(7) After the clerk of the court informs the investigator of such contest, the judge
shall set a hearing day for the reexamination of the case.

(8) If a decision after such contest still constitutes a sanction as intended in

paragraph (4), the defendant may file an appeal against the decision.

Article 215

Returning of confiscated objects shall be conducted without any requirement to the

most entitled person, promptly after a decision has been rendered if the convicted
person has fulfilled the contents of the decision.

Article 216

The provision under Article 210 shall remain applicable insofar as such regulation is
not contrary to this Paragraph.

Part Seven
Miscellaneous Provisions
Article 217

(1) The presiding judge shall lead examinations and shall maintain the order
during the hearing.

(2) All things ordered by the presiding judge to maintain the order during the
hearing shall be promptly and precisely followed.

Article 218

(1) Inside the courtroom, every person shall be obligated to respect the court.

(2) Any person displaying an attitude unbefitting the dignity of the court during
the hearing and not observing the rule of order, after having been warned by the
presiding judge, shall be removed from the courtroom by order of the presiding judge.

(3) If a violation of the rule of order as intended in paragraph (2) is in the nature
of a criminal act, it shall not reduce the possibility of prosecuting of the perpetrator.

Article 219

(1) Any person shall be prohibited from bringing fire-arms, sharp weapons,
explosives or devices or goods which may endanger the security of the hearing and
whoever brings such items shall be obligated to deposit them at a place specifically
provided for that purpose.

(2) Without a warrant, the court security officer due to his duties may conduct a
body search to ensure that the persons present in the courtroom do not carry arms,
materials or devices or goods as intended in paragraph (1) and if such items are found,
the officer shall ask the persons concerned to deposit them.

(3) If the persons concerned intend to leave the courtroom, the officer shall be
obligated to return the deposited goods.

(4) The provisions of paragraphs (1) and (2) shall not reduce the possibility of a
prosecution being conducted if it becomes evident that the possession of such goods
constitutes a criminal act.

Article 220

(1) No judge shall be allowed to adjudicate a case in which he has an interest,

directly or indirectly.

(2) In matters as intended in paragraph (1), the judge concerned shall be obligated
to withdraw either by his own choice or upon the request of the public prosecutor, the
defendant or his legal counsel.

(3) If there is doubt or a difference of opinion regarding the matters as intended in

paragraph (1), the authorized court official shall decide.
(4) The provisions as intended in the meaning of the above paragraph shall also
apply to the public prosecutor.

Article 221

If necessary, a judge by his own choice or upon the request of the defendant or his
legal counsel may give an explanation of the applicable law in the hearing.

Article 222

(1) Anyone who is convicted shall pay the case fees and in the event of an
acquittal or a dismissal of all charges, the case fees shall be borne by the state.

(2) If the defendant has previously submitted an application for exemption from
payment of the case fees based on certain conditions upon the approval of the court,
the case fees shall be borne by the state.

Article 223

(1) If a judge orders a person to take an oath or pledge outside the hearing, the
judge may postpone the examination of the case until another hearing day.

(2) If an oath or pledge is taken as intended in paragraph (1), the judge shall
appoint the clerk of the court to attend the taking of such oath or pledge and to take
minutes thereof.

Article 224

All court decision documents shall be kept in the archives of the court adjudicating
the case in the first instance and may not be removed except as otherwise provided for
by the law.

Article 225

(1) The clerk of the court shall keep a register for all cases.

(2) Such register shall record the name and identity of the defendant, the criminal
act indicted, the date the case is received, the date the defendant's detention begins if
he is in detention, the date and brief summary of the contents of the decision, the date
of receipt of application for an appeal and decision(s) in appeal or an appeal to
Supreme Court, and other matters closely related to the process of the case.

Article 226

(1) An excerpt of the court decision document shall be given to the defendant or
his legal counsel promptly after the decision has been pronounced.
(2) A copy of the court decision document shall be given to the public prosecutor
and the investigator, whereas to the defendant or his legal counsel a copy shall be
given upon request.

(3) A copy of the court decision document may only be given to other persons
with the permission of the head of the court after considering the purpose of such
request.

Article 227

(1) All types of notifications or summons issued by the competent authorities at

all levels of examination to the defendant, witnesses or experts shall be delivered by
no later than three days prior to the date set for their attendance, at their addresses or
their most recent places of residence.

(2) The officer delivering such summons must personally meet with and directly
talk to the person(s) summoned and shall make a record that the summons are
received by the person concerned marked with the date and duly signed, by both the
delivery officer and the person summoned and if the summoned person does not sign,
the officer shall record the reason therefor.

(3) If the person summoned is not found at one of the places as intended in
paragraph (1), the summons shall be delivered through the village head or an official
and if that summoned person is abroad, through the representative of the Republic of
Indonesia at the place where the summoned person usually resides and if it still cannot
be delivered, the summons shall be posted on the billboard of the office of the official
issuing such summons.

Article 228

A period of time or a time limit according to this law shall be counted starting from
the following day.

Article 229

(1) A witness or an expert who is present at all levels of examination in

compliance with a summon in the context of testifying, shall be entitled to obtain
reimbursement for expenses according to the prevailing laws and regulations.

(2) The official delivering the summons shall be obligated to inform the witness
or expert of his right as intended in paragraph (1).

Article 230

(1) Hearing shall be held in a courtroom at the courthouse.

(2) The judge, the public prosecutor, the legal counsel and the clerk shall wear
trial robes and their respective attributes in the courtroom.
(3) The courtroom as intended in paragraph (1) shall be laid out according to the
following provisions:

a. the place for the judges' bench and chairs shall be higher than the
places for public prosecutor(s), defendant(s), legal counsel(s) and the spectators;
b. the place for the clerk of the court shall be behind the presiding judge
at the right hand side;
c. the place for the public prosecutor(s) shall be in front of the place for
the judges at the right hand side;
d. the place for the defendant(s) and legal counsel(s) shall be in front of
the place for the judges at the left hand side and the place of the defendant(s) shall be
to the right of the legal counsel(s);
e. the place of the examination chair for the defendant(s) and witness(es)
shall be in front of the place for judges;
f. the place for the witnesses or experts after having been heard shall be
behind the examination chair;
g. the place for spectators shall be behind the place for witnesses who
have been heard;.
h. the National flag shall be placed on the right side of the judges' bench
and the Justice banner on the left side of the judges' bench whereas the symbol of the
State shall be placed on the upper part of the wall behind the judges' bench;
i. the place for religious/spiritual leaders shall be on the left side of the
place for the clerk of the court;
j. the places as intended in sub-paragraphs a through i shall be given the
appropriate identification marks/signs;
k. the place for the security officer shall be inside the main entrance of
the courtroom and at other places deemed necessary.

(4) If a hearing is held outside the courthouse, the layout of the place shall as far
as possible conform to the provisions of paragraph (3) above.

(5) If it is impossible to comply with the provisions of paragraph (3), at least the
National flag must be in place.

Article 231

(1) The type, form and color of trial robes and attributes and other matters related
to the attire and equipment as intended in Article 230 paragraphs (2) and (3) shall be
set forth under a government regulation.

(2) Further regulation of the rule of order for hearing as intended in Article 217
shall be determined under a decision of the Minister of Justice.

Article 232

(1) Before a hearing commences, the clerk of the court, public prosecutor, legal
counsel and spectators already present, shall be seated in their respective places in the
courtroom.
(2) At the time the judge(s) enters or leaves the courtroom, all those present shall
stand up to pay their respects.

(3) While the hearing is in progress, any person who leaves or enters the
courtroom shall be obligated to pay his respects.

CHAPTER XVII
COMMON REMEDIES

Part One
Examinations at the Appellate Level

Article 233

(1) A petition for appeal as intended in Article 67 may be filed to an appellate

court by a defendant or someone especially empowered for such purpose or by a
public prosecutor.

(2) Only a petition for an appeal as intended in paragraph (1) may be accepted by
a clerk of the district court within seven days after a decision is rendered or after a
decision is notified or made known to a defendant who was not present as intended in
Article 196 paragraph (2).

(3) The clerk of the court shall prepare a statement concerning such petition and
to be signed by the clerk and also by the appellant and a carbon copy thereof shall be
given to the appellant concerned.

(4) If the appellant is unable to appear, this fact must be recorded by the clerk of
the court supported by the reasons therefor and the record must be attached to the case
dossier and shall be entered in the register of criminal cases.

(5) If a district court receives a petition for an appeal, whether filed by a public
prosecutor or the defendant or by both the public prosecutor and the defendant, the
clerk of the court shall be obligated to make the petition of one party known to the
other party.

Article 234

(1) If the time limit as intended in Article 233 paragraph (2) has expired without a
petition for an appeal being filed by the person(s) concerned, then the person(s)
concerned shall be considered to have accepted the decision.

(2) In cases as intended in paragraph (1), the clerk shall record and prepare a deed
with respect to such facts and shall attach such deed to the case dossier.

Article 235

(1) Insofar as an appeal case has not been decided upon by an appellate court, any
petition for an appeal may be withdrawn at any time and in the case it is withdrawn,
another petition for an appeal in that particular case may not be filed again.
(2) If an examination of a case has commenced but it has not been decided upon,
while in the meantime the appellant withdraws his petition for an appeal, the appellant
shall bear the case fees incurred by the appellate court up to the moment of
withdrawal.

Article 236

(1) By no later than within fourteen days after a petition for an appeal has been
filed, the clerk of the court shall send a copy of the decision of the district court
concerned and the case dossier plus documents of evidence to the appellate court.

(2) Before the sending of the case dossier to the appellate court, an appellant shall
be given an opportunity for seven days to study the case dossier at the district court.

(3) If the appellant has clearly stated in writing that he will study such dossier at
the appellate court, he shall be given an opportunity to do so no sooner than seven
days after the case dossier is received by the appellate court.

(4) Every appellant shall be given the opportunity at any time to examine the
authenticity of the case dossier which is already at the appellate court.

Article 237

As long as an appellate court has not begun to examine a case at the appellate level,
the defendant or his attorney-in-fact or the public prosecutor may submit a memory of
appeal or a counter memory of appeal to the appellate court.

Article 238

(1) The examination at the appellate level shall be conducted by an appellate court
with a minimum of three judges based on the case dossier received from the district
court which shall consist of the minutes of examination from the investigator, the
minutes of court examination in the district court, accompanied by all documents
introduced at the hearing that are connected with the case and the decision of the
district court.

(2) The authority to determine detention shall be transferred to the appellate court
from the moment the petition for an appeal is filed.

(3) Within three days after receipt of an appeal dossier from a district court, the
appellate court shall be obligated to study it in order to determine whether or not the
defendant must remain under detention, either due to the authority or upon the request
of the defendant.

(4) If necessary, the appellate court may hear the testimonies of the defendant or
witnesses or the public prosecutor by explaining in brief in a written summons given
to such parties what the appellate court wishes to know.

Article 239
(1) The provisions as regulated in Article 157 and article 220 paragraphs (1), (2)
and (3) shall also apply to examination(s) of cases at the appellate level.

(2) A family relationship as intended in Article 157 paragraph (1) shall also apply
to that between judges and or clerks of the appellate level court, and judges or clerks
who adjudicated the same case at the first level.

(3) If a judge who has decided a case at the examination of first level
subsequently becomes a judge in an appellate court, such judge shall be prohibited
from examining the same case at the appellate level.

Article 240

(1) If the appellate court is of the opinion that there has evidently been a default in
the application of the legal procedure or a mistake or there is something incomplete in
the examination at the first instance, the appellate court may, by a decision, order the
district court to correct these matters or the appellate court may do so itself.

(2) If necessary an appellate court may, by a decision, annul the stipulation of a

district court before the decision of the appellate court is rendered.

Article 241

(1) After all matters as intended in the provisions referred to above have been
considered and executed, the appellate court shall decide, confirm or amend or and in
the case of annulment of decision of a district court, the appellate court shall render its
own decision.

(2) In the case the decision of a district court is annulled because the district court
does not have the authority to examine the case, the provisions as intended in Article
148 shall apply.

Article 242

If in an examination at the appellate level the defendant who has been convicted is
still in detention, the appellate court shall stipulate in its decision whether the
defendant should remain in detention or be released.

Article 243

(1) Within seven days after such decision has been rendered a copy of the
appellate court decision and the case dossier shall be sent to the district court which
rendered decision in the first instance.

(2) The defendant and the public prosecutor shall promptly be notified by the
clerk of the district court of the contents of the decision document after it has been
recorded in the register and thereafter such notification shall be noted on the copy of
the appellate court decision.
(3) The provisions regarding decisions of a district court as intended in Article
226 shall also apply to decisions of an appellate court.

(4) If the defendant resides outside the jurisdiction of the district court, the clerk
shall ask the assistance of the clerk of the district court in whose jurisdiction the
defendant resides to notify him of the contents of the written decision.

(5) If the address of the defendant is not known or he resides abroad, the contents
of the decision document as intended in paragraph (2) shall be delivered through a
village head or official or through the representative of the Republic of Indonesia,
where the defendant usually resides and if it still cannot be delivered, the defendant
shall be summoned two consecutive times through two newspapers published in the
jurisdiction of the district court itself or in a jurisdiction close to that jurisdiction.

Part Two
Examination of Appeals to the Supreme Court
s
Article 244

The defendant or the public prosecutor may file a request for an examination of an
appeal to the Supreme Court against a decision on a criminal case rendered at the final
instance by a court other than the Supreme Court, except with regard to an acquittal.

Article 245

(1) A petition for appeal to the Supreme Court shall be delivered by the appellant
to the clerk of the court rendering decision on his case in the first instance, within
fourteen days after the decision for which the appeal to the Supreme Court is
requested has been made known to the defendant.

(2) Such petition shall be noted down by the clerk of the court in a statement be
signed by the clerk and the appellant, and recorded in a list attached to the case
dossier.

(3) If the district court receives a petition for appeal to the Supreme Court,
whether submitted by the public prosecutor or the defendant or submitted by both the
public prosecutor and the defendant, the clerk of the court shall be obligated to make
the petition of one party known to the other party.

Article 246

(1) If the time limit as intended in Article 245 paragraph (1) has expired without a
petition for appeal to the Supreme Court being submitted by the party concerned, then
the party concerned shall be deemed to have accepted the decision.

(2) If within the time limit as intended in paragraph (1), the appellant is late in
filing a petition for appeal to the Supreme Court, the right for such matter shall be null
and void.
(3) In cases as intended in paragraphs (1) or (2), the clerk of the court shall record
and prepare a deed with respect to such facts and then attach such deed to the case
dossier.

Article 247

(1) As long as a case of petition for appeal to the Supreme Court has not been
decided upon by the Supreme Court, the petition for appeal to the Supreme Court may
be withdrawn at any time and if it has been withdrawn, a petition for appeal to the
Supreme Court for that case may not be submitted again.

(2) If a withdrawal is conducted before the case dossier is sent to the Supreme
Court, such dossier shall not be sent.

(3) If the examination of a case has commenced but it has not been decided upon,
while in the meantime the appellant withdraws his petition for appeal to the Supreme
Court, he shall bear the case fees incurred by the Supreme Court up to the moment of
withdrawal.

(4) A petition for appeal to the Supreme Court may only be made once.

Article 248

(1) An appellant filing an appeal to the Supreme Court shall be obligated to

submit a memory of appeal to the Supreme Court which contains the reasons for the
petition for appeal to the Supreme Court and the memory of appeal to the Supreme
Court must have been delivered to the clerk of the court within fourteen days after
filing such petition, and the clerk of the court shall then issue a receipt therefor.

(2) In the case an appellant filing an appeal to the Supreme Court is a defendant
with a poor understanding of the law, at the time of receiving the petition for appeal to
the Supreme Court, the clerk of the court shall be obligated to inquire as to the
reasons for which the defendant is filing the petition and for this purpose the clerk of
the court shall be the one to prepare the memory of appeal to the Supreme Court.

(3) Reasons as intended in paragraphs (1) and (2) shall be as intended in article
253 paragraph (1) hereof.

(4) If within the time limit as intended in paragraph (1), the appellant is late in
submitting the memory of appeal to the Supreme Court, the right to submit a petition
for appeal to the Supreme Court shall be null and void.

(5) The provisions as set forth in Article 246 paragraph (3) shall also apply to
paragraph (4) of this article.

(6) A copy of the memory of appeal to the Supreme Court submitted by one of the
parties, shall be delivered by the clerk of the court to the other party entitled to submit
a counter memory of appeal to the Supreme Court.
(7) Within the time limit as intended in paragraph (1), the clerk of the court shall
convey a copy of the counter memory of appeal to the Supreme Court to the party
originally submitting the memory of appeal to the Supreme Court.

Article 249

(1) If one of the parties is of the opinion that something must be added to the
memory of appeal to Supreme Court or the counter memory of appeal to the Supreme
court, he shall be given the opportunity to submit such addendum within the time
limit as intended in Article 248 paragraph (1).

(2) The addendum as intended in paragraph (1) shall be delivered to the clerk of
the court.

(3) By no later than fourteen days after the time limit as intended in paragraph (1),
the complete petition for appeal to the Supreme Court shall be delivered by the clerk
of the court to the Supreme Court.

Article 250

(1) After the clerk of the district court has received the memory and or counter
memory of appeal as intended in Article 248 paragraphs (1) and (4), he shall be
obligated to promptly send the case dossier to the Supreme Court.

(2) After the clerk of the Supreme Court receives the case dossier, he shall at once
record it in the agenda of documents, the register of cases and on an index card.

(3) The register of cases as intended in paragraph (2) shall be worked upon, closed
and signed by the clerk on every business day and also be signed for acknowledgment
by the Head of the Supreme Court due to his position.

(4) If the Head of the Supreme Court is absent, the Deputy Head of the Supreme
Court shall do the signing and if both of them are unavailable the most senior member
judge in office shall be appointed by a decision of the Head of the Supreme Court.

(5) The clerk of the Supreme Court shall thereafter issue a document as proof of
receipt the original of which shall be sent to the clerk of the district court concerned,
with carbon copies thereof sent to all the parties.

Article 251

(1) The provisions as regulated in Article 157 shall also apply to any examination
of a case at the level of appeal to the Supreme Court.

(2) Family relationships as intended in Article 157 paragraph (1) shall also apply
between judges and or clerks at the level of the appeal to the Supreme Court and
judges and or clerks at the appellate level and the first level, having adjudicated the
same case.
(3) If a judge having adjudicated a case at the level of first instance or at the
appellate level subsequently becomes a judge or a clerk of the Supreme Court, they
shall be prohibited from serving as a judge or clerk for the same case at the level of
appeal to Supreme Court.

Article 252

(1) The provisions as regulated in Article 220 paragraphs (1) and (2) shall also
apply to the examination of a case at the level of appeal to Supreme Court.

(2) If there is any doubt or a difference of opinion regarding the matters as

intended in paragraph (1), at the level of appeal to the Supreme Court:

a. the Head of the Supreme Court due to his position shall act as the
official having the authority to make decisions;

b. if the Head of the Supreme Court himself is involved, the party having
the authority to decide shall be a committee consisting of three persons selected by
and from among the member judges, one of whom must be the most senior member
judge in office.

Article 253

(1) Examination at the level of appeal to the Supreme Court shall be conducted by
the Supreme Court upon the request of the parties as intended in Article 244 and
article 248 in order to decide:

a. whether it is true that a certain regulation has not been applied or has
been applied inappropriately;
b. whether it is true that the method of adjudication has not been applied
according to the provisions of laws;
c. whether it is true that the court exceeded the limits of its authority.

(2) Examinations as intended in paragraph (1) shall be conducted by a minimum

of three judges based on the case dossier received from a court other than the
Supreme Court, which shall consist of the minutes of examination by the investigator,
the minutes of court examination, all documents introduced at the hearing in
connection with the case and the decision of a court of the first instance and or the
final instance.

(3) If it is considered necessary for the purposes of examination as intended in

paragraph (1), the Supreme Court may hear the testimonies of the defendant or
witnesses or the public prosecutor, by explaining briefly in a summons to them of
what it wishes to know or the Supreme Court may also order the court as intended in
paragraph (2) to hear their testimony, by the same method of summons.

(4) The authority to determine detention shall be transferred to the Supreme Court
from the time of submission of petition for appeal to the Supreme Court.
(5) a. Within three days after receiving the case dossier for appeal to the
Supreme Court as intended in paragraph (2), the Supreme Court shall be obligated to
study it in order to decide whether or not it is necessary that the defendant remain in
detention, either due to its position or upon the request of the defendant;

b. If the defendant is to remain in detention, within fourteen days from

the stipulation on detention the Supreme Court shall be obligated to examine such
case.

Article 254

If the Supreme Court examines a petition for appeal to the Supreme Court because of
its compliance with the provisions as intended in Articles 245, 246 and 247, the
Supreme Court may decide to reject or grant the petition for appeal to the Supreme
Court with respect to the law thereof.

Article 255

(1) If a decision is annulled because a legal regulation has not been applied or has
been applied improperly, the Supreme Court itself shall adjudicate such case.

(2) If a decision is annulled because the adjudication has not been conducted in
accordance with the provisions of law, the Supreme Court shall stipulate and give
instructions so that the court deciding the case concerned shall reexamine the annulled
part, or for certain reasons the Supreme Court may stipulate that the case be examined
by another court of the same level.

(3) If a decision is annulled because the court or the judge concerned is not
authorized to adjudicate the case, the Supreme Court shall stipulate another court or
another judge to adjudicate such case.

Article 256

If the Supreme Court grants the petition for appeal to the Supreme Court, the Supreme
Court shall annul the court decision upon which appeal to the Supreme Court has been
requested and in this case the provisions of Article 255 shall apply.

Article 257

The provisions as regulated in Articles 226 and 243 shall also apply to decisions of
the Supreme Court for appeal to the Supreme Court, except that the time limit for
sending the copy of the decisions and the case dossier concerned to the court judging
it in the first instance shall be seven days.

Article 258

The provisions as intended in Articles 244 up to and including 257 shall apply to the
procedure for petitions for appeal to the Supreme Court against the decisions of a
court within the military judicature.
CHAPTER XVIII
EXTRAORDINARY REMEDIES

Part One
Examination at the Level of Appeal to Supreme Court for Legal Purposes

Article 259

(1) For legal purposes, the Attorney General may submit a petition for appeal to
the Supreme Court once with respect to all decisions having obtained permanent legal
force from courts other than the Supreme Court.

(2) For legal purposes, a decision of appeal to the Supreme Court may not harm
the relevant parties.

Article 260

(1) For legal purposes, a petition for appeal to the Supreme Court shall be
submitted in writing by the Attorney General to the Supreme Court through the clerk
of the court deciding the case in the first instance, accompanied by a statement
containing the reasons for the petition.

(2) A copy of the statement as intended in paragraph (1) shall promptly be

conveyed to the relevant parties by the clerk of the court.

(3) The head of the court concerned shall promptly forward the petition to the
Supreme Court.

Article 261

(1) For legal purposes, the Supreme Court shall send a copy of the decision on the
appeal to the Supreme Court and the case dossier to the Attorney General and to the
court concerned.

(2) The provisions as intended in Article 243 paragraphs (2) and (4) shall also
apply in this matter.

Article 262

The provisions as intended in Articles 259, 260 and 261 shall also apply to the
procedure for petitions for appeal to the Supreme Court for legal purposes with regard
to decisions of a court in the military judicature.

Part Two
Judicial Review of Court Decisions Having Obtained Permanent Legal Force

Article 263
(1) A convicted person or his heirs may submit a petition for judicial review to the
Supreme Court with regard to a court decision having obtained permanent legal force,
except for a judgment of acquittal or dismissal of all charges.

(2) A petition for judicial review may be made based on the following:

a. if there are new circumstances leading to a strong presumption that if

such circumstances are already known at the time the hearing is still in progress, the
outcome would have been a decision of acquittal or dismissal of all charges or the
charges of the public prosecutor would not have been acceptable or that a lighter
criminal provision would have been applied to the case;

b. if in various decisions there are statements that something has been

proven, but the matters or circumstances forming the basis and reasons for the
decisions declared to have been proven, are in fact contradictory;

c. if a decision clearly shows a mistake of the judge or a factual error.

(3) For the same reasons as intended in paragraph (2), a petition for judicial
review may be submitted with regard to a court decision having obtained permanent
legal force, if in that decision an indicted act has been declared proven but it is not
followed by the imposition of any sanction.

Article 264

(1) A petition for judicial review by an appellant as intended in Article 263

paragraph (1) shall be submitted to the clerk of the court deciding the case in the first
instance, clearly stating the reasons therefor.

(2) The provisions as intended in Article 245 paragraph (2) shall also apply to a
petition for judicial review.

(3) A petition for judicial review shall not be limited to any certain period of time.

(4) If the appellant submitting the petition for judicial review is a convicted
person with poor understanding of the law, at the time of receiving a petition for
judicial review the clerk shall be obligated to inquire as to the reasons for which the
appellant is submitting such petition and for this purpose the clerk shall prepare the
written petition for judicial review.

(5) The head of the court shall promptly send the written petition for judicial
review and the case dossier to the Supreme Court, accompanied by explanatory notes.

Article 265

(1) After receiving a petition for judicial review as intended in Article 263
paragraph (1) the head of the court shall appoint a judge who did not examine the
original case for which a judicial review has been requested, to examine whether the
petition for judicial review fulfills the reasons as intended in Article 263 paragraph
(2).
(2) In the examination as intended in paragraph (1) the appellant and the public
attorney shall be present and may state their opinions.

(3) Minutes of such examination shall be prepared and signed by the judge, the
public attorney, the appellant and the clerk of the court and based on this minutes, a
minutes of opinions shall be prepared and signed by the judge and the clerk.

(4) The head of the court shall promptly submit the petition for judicial review
and the dossier of the original case, the minutes of examination and the minutes of
opinions to the Supreme Court with carbon copies of the cover letter sent to the
appellant and the public attorney.

(5) If a case for which judicial review has been requested constitutes a decision of
an appellate court, carbon copies of the cover letter must be accompanied by carbon
copies of the minutes of examination and the minutes of opinions and delivered to the
appellate court concerned.

Article 266

(1) If a petition for judicial review does not fulfill the provisions as intended in
Article 263 paragraph (2) the Supreme Court shall declare that the petition for judicial
review is unacceptable by stating the reasons therefor.

(2) If the Supreme Court is of the opinion that the petition for judicial review may
be accepted for examination, the following provisions shall apply:

a. if the Supreme Court does not justify the reasons of the appellant, the
Supreme Court shall reject the petition for judicial review by a stipulation that the
decision for which the judicial review has been requested shall remain in effect,
accompanied by the basis of its considerations;

b. if the Supreme Court justifies the reasons of the appellant, the Supreme
Court shall annul the decision for which the judicial review has been requested and
render a decision which may take the form of:

1. a decision of acquittal;
2. a decision dismissing all charges;
3. a decision that the charges of the public prosecutor are
unacceptable;
4. a decision applying a lighter criminal provision.

(3) The sanction imposed by under the decision of judicial review may not exceed
the sanction imposed under the original decision.

Article 267

(1) A copy of the Supreme Court's decision regarding a judicial review and the
case dossier shall be sent to the court referring the petition for judicial review within
seven days after the decision has been rendered.
(2) The provisions as intended in Article 243 paragraphs (2), (3), (4) and (5) shall
also apply to decisions of the Supreme Court regarding judicial review.

Article 268

(1) A petition for judicial review of a decision shall not postpone or cease the
implementation of such decision.

(2) If a petition for judicial review has been accepted by the Supreme Court and in
the meantime the appellant has died, it shall be the choice of the heirs whether or not
such judicial review is to be continued or not.

(3) A petition for judicial review of a decision may only be made once.

Article 269

The provisions as intended in Articles 263 up to and including 268 shall apply to the
procedures for submitting petition for a judicial review of a court decision within the
military judicature.

CHAPTER XIX
THE IMPLEMENTATION OF COURT DECISIONS

Article 270

The implementation of court decisions having obtained permanent legal force shall be
conducted by the public attorney, for which purpose a copy of the decision shall be
sent to him by the clerk of the court.

Article 271

In the case of a capital punishment the implementation shall take place out of public
view and in accordance with the provisions of law.

Article 272

If a convicted person is subject to imprisonment or confinement and subsequently is

subject to a similar sanction before he has served the sanction previously imposed, the
sanctions shall be served consecutively starting with the sanction first imposed.

Article 273

(1) If a decision imposes a fine, the convicted person shall be given a period of
one month to pay such fine except for decisions in an express examination procedure
which must be immediately paid in full.

(2) If there is a strong reason, the time limit as intended in paragraph (1) may be
extended for a maximum of one month.
(3) If a decision also stipulates that the evidence shall be confiscated for the state,
with the exception as intended in Article 46, the public attorney shall entrust the
objects to the state auction house in order to be sold by auction within three months,
the proceeds of which shall be deposited into the state treasury for and on behalf of
the public attorney.

(4) The time limit as intended in paragraph (3) may be extended for a maximum
of one month.

Article 274

If the court also renders a decision for compensation as intended in Article 99, the
implementation thereof shall be conducted according to the procedures for decisions
in civil cases.

Article 275

If more than one person is convicted in one case, the case fees and or compensation as
intended in Article 274 shall be borne jointly by the convicted persons in equal
proportions.

Article 276

If a court imposes a conditional sentence, the implementation thereof shall be

conducted under strict supervision and observation and in accordance with the
provisions of law.

CHAPTER XX
SUPERVISION AND OBSERVATION OF THE IMPLEMENTATION OF COURT
DECISIONS

Article 277

(1) In every court there must be a judge given a special duty to assist the head of
the court in carrying out supervisions and observation of the implementation of
decisions that impose sanctions in the form of deprivation of liberty.

(2) The judge as intended in paragraph (1) who shall be called supervising and
observing judge, shall be appointed by the head of the court for the maximum period
of two years.

Article 278

The public attorney shall send a carbon copy of the minutes on implementation of
decision duly signed by himself, by the head of the correctional institution and by the
convicted person, to the court deciding the case in the first instance and the clerk of
the court shall record it in the register of supervision and observation.

Article 279
The register of supervision and observation as intended in Article 278 shall be worked
upon, closed and signed by the clerk every business day and it shall also be signed by
the judge for acknowledgment as intended in Article 277.

Article 280

(1) The supervising and observing judge shall conduct supervision in order to
obtain certainty that the decision is being properly implemented.

(2) The supervising and observing judge shall conduct observations to obtain
research material for the benefit of improving the imposition of sanctions, to be
obtained from the behavior of inmates or the guidance of correctional institutions and
reciprocal effects on the inmates while serving their sentences.

(3) The observation as intended in paragraph (2) shall be continued after the
convicted person finishes serving his sentence.

(4) The supervision and observation as intended in Article 277 shall also apply to
conditional sentences.

Article 281

Upon the request of the supervising and observing judge, the head of the correctional
institution shall periodically or at any times provide information about the behavior of
certain inmates under the observation of such judge.

Article 282

If it is considered necessary for the sake of effective observation the supervising and
observing judge may discuss with the head of the correctional institution about
methods of guidance for certain inmates.

Article 283

The result of supervision and observation shall be reported periodically to the head of
the court by the supervising and observing judge.

CHAPTER XXI
TRANSITIONAL PROVISIONS

Article 284

(1) Provisions of this law shall as far as possible be applied to cases which existed
prior to the enactment of this law.

(2) Within two years after promulgation of this law all cases shall be subject to the
provisions of this law, with temporary exception for special provisions on criminal
procedure as intended in certain laws, until they are amended and or are declared null
and void.
CHAPTER XXII
CLOSING PROVISIONS

Article 285

This law shall be called the Criminal Procedure Code.

Article 286

This law shall come into effect on the date of its promulgation.

For public cognizance, this law shall be promulgated by placing it in the State Gazette
of the Republic of Indonesia.

Stipulated in Jakarta on 31 December 1981

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

sgd. SOEHARTO.

Promulgated in Jakarta on 31 December 1981

MINISTER/STATE SECRETARY OF THE REPUBLIC OF INDONESIA

sgd.

SUDHARMONO S.H.

STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 76 Year 1981

ELUCIDATION
ON THE
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 8 YEAR 1981
REGARDING
CRIMINAL PROCEDURE

I. GENERAL

1. The regulation forming the basis for the implementation of the criminal
procedure in public judiciary prior to the enactment of this law was the "Revised
Indonesian Regulation" also known under the name of "Het Herziene Inlandsch
Reglement" or H.I.R. (Staatsblad Year 1941 Number 44) which based on Article 6
paragraph (1) of Law Number 1 Drt. Year 1951, must as far as was possible be taken
as a guide regarding the procedure in civilian criminal cases by all courts and district
prosecutor's offices in the territory of the Republic of Indonesia, except for a few
amendments and supplements.
 Law Number 1 Drt. Year 1951 was intended to unify the criminal procedure,
previously consisted of criminal procedure for landraad and criminal procedure for
raad van justitie.

The presence of these two types of criminal procedure was the consequence of
differentiation of courts for indigenous inhabitants and courts for European nationals
during the Dutch East Indies period which continued to be maintained, despite the fact
that the old "Indonesian Regulation" (Staatsblad Year 1848 Number 16) had been
reformed by the Revised Indonesian Regulation (R.I.B.), because the objective of this
reform was not intended to unify the criminal procedure, but was rather intended to
improve the criminal procedure of the raad van justitie.

Even though Law Number 1 Drt. Year 1951 stipulated that there should only
be one criminal procedure applicable throughout Indonesia, namely the R.I.B., the
provisions set forth therein were evidently not adequate to guarantee the protection of
human rights, the protection of dignity and integrity of mankind as should be properly
applied by a nation governed by law. In particular, the R.I.B. contained no regulations
on legal assistance during examinations by an investigator or public prosecutor nor
did it contain any provisions on the right to obtain compensation.

Therefore, for the sake of law development and in relation to matters

explained above, it is necessary to revoke "Het Herziene Inlandsch Reglement"
(Staatsblad Year 1941 Number 44) in relation to and Law Number 1 Drt. Year 1951.
(State Gazette Year 1951 Number 59, Supplement to the State Gazette Number 81)
and all implementation regulations thereof and the provisions set forth in other laws
and regulations, insofar as regarding the criminal procedure, because they are not in
accordance with the objectives of national law and to replace them with a new law of
criminal procedure which shall have codifying and unifying features based on
Pancasila and the 1945 Constitution.

2. The 1945 Constitution clearly explains that the State of Indonesia is based on
law (rechtsstaat), and not based on mere power (machtsstaat). This means that the
Republic of Indonesia is a democratic nation governed by law based on Pancasila and
the 1945 Constitution, upholding human rights and guaranteeing equal status in law
and government for all its citizens, and is obligated to respect the law and government
without any exception.

It is clear that the observance, practice and implementation of human rights as

well as the rights and obligations of citizens to uphold justice is a must for every
citizen, every state administrator, every state institution and social organization
whether in the capitol or the provinces and must be realized in and by the presence of
this criminal procedure.

Furthermore, as set forth in the Broad Outlines of State Policy (Decree of the
People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/1978)
the insight for achievement of objectives of national development is the Archipelagic
Principle which in the field of law states that the entire Indonesian archipelago is one
unified legal entity in the sense that there is only one national law serving the national
interests.
 For this purpose it is necessary that law be developed and reformed by
improving the legislations and that the efforts towards codification and unification of
law be continued and improved in certain fields by taking into account the
development of legal awareness in the society towards modernization in line with the
level of development progress achieved in all fields.

Such developments in the field of criminal procedure law is aimed at enabling

society to observe its rights and obligations and to achieve and foster the attitudes of
law enforcement officials in accordance with their respective functions and authority
towards a true upholding of law, justice and protection which constitute the shelter for
the nobility, dignity and integrity of mankind, as well as legal order and certainty in
upholding the Republic of Indonesia as a nation governed by law in accordance with
the Pancasila and the 1945 Constitution.

3. Therefore, this law regulating the national criminal procedure must be based
on the philosophy/view of life of the nation and the foundation of the state and that
protection of human rights and obligations of citizens as explained above as well as
the principles which will be explained below should properly be reflected in the
provisions of its articles or paragraphs.

The principle governing the protection of nobility, dignity and integrity of

mankind which has been set forth in the Law regarding the Basic Provisions of the
Judicial Powers, namely Law Number 14 Year 1970 must be upheld in and by this
law.

Such principle represents among other things:

a. Equal treatment for every one before the law without any
discrimination.

b. Arrests, detentions, searches and confiscations may only be conducted

based on written warrants by officials who are authorized by the law and only in the
case and according to the procedures as regulated by the law.

c. Anyone suspected, arrested, detained, prosecuted and or brought

before a court, must be regarded innocent until there is a court decision having
permanent legal force declaring his guilt.

d. Any person arrested, detained, prosecuted or tried without any lawful

reason and or because of a mistake regarding his identity or the law applied shall be
entitled to obtain compensation and rehabilitation from the level of investigation and
law enforcement officials who deliberately or because of their negligence have caused
the violation of such principle of law shall be subject to prosecution, sanction and or
administrative sanction.

e. Adjudication which must be carried out quickly, simply and at the

lowest cost in a free, honest and impartial manner must be realized consistently at all
levels of judiciary.
 f. Anyone involved in a case must be given an opportunity to obtain legal
assistance which is provided solely in the interest of his defense.

g. A suspect, from the time of his arrest and or detention, must be

informed of the indictment against him and of the legal basis for what the suspect is
being indicted, as well as of his rights, including the right to contact and obtain the
assistance of legal counsel.

h. A court shall try a criminal case in the presence of the defendant.

i. Court examinations shall be open to the public, except as otherwise

regulated by the law.

j. Supervision of the implementation of the court decisions in a criminal

case shall be conducted by the head of the district court concerned.

4. Upon the foundation as described above in a perfect and integrated whole,

reform is made in the criminal procedure which is also intended as an effort to
compile the provisions of criminal procedure presently found in various laws into one
law regarding national criminal procedure in accordance with the objective of
codification and unification. It is based on these considerations that this law on
criminal procedure is called the " Criminal Procedure Code," abbreviated as
K.U.H.A.P.

This Code does not only contain provisions on the procedure in a criminal
process, but also the rights and obligations of those involved in a criminal process and
the criminal procedure of the Supreme Court after the revocation of the Law on the
Supreme Court (Law Number 1 Year 1950) by Law Number 13 Year 1965.

II. Article-by-Article

Article 1
Sufficiently clear.

' Article 2
a. The scope of this law follows the principles adhered to by the
Indonesian criminal law.

b. Referred to as "public judiciary" includes specializations as set forth in

the elucidation of the last section of Article 10 paragraph (1) of Law Number 14 Year
1970.

Article 3
Sufficiently clear.

Article 4
Sufficiently clear.

Article 5
Paragraph (1)
 Sub paragraph a

Point 1 through 3
Sufficiently clear.

Point 4
Referred to as "other actions" are actions taken by an
Inquirer for the purposes of investigation provided that such acts:
a) are not contrary to any rule of law;
b) are consistent with the legal obligation requiring
the taking of such official actions;
c) are proper and reasonable and within the scope
of his authority;
d) are considered suitable in urgent circumstances;
e) respect human rights.

Sub paragraph b
Sufficiently clear.

Article 6
Paragraph (1)
Sufficiently clear.

Paragraph (2)
The status and rank of investigators as set forth in a government
regulation must be consistent with and equivalent to the status and rank of public
prosecutors and judges in the public judicature.

Article 7

Paragraph (1)
Sub paragraph a through h
Sufficiently clear.

Sub paragraph i
See Article 109 paragraph (2).

Sub paragraph j
See the elucidation to Article 5 paragraph (1) sub paragraph a
sub-sub paragraph 4.

Paragraph (2)
Referred to as "investigator in this paragraph" is for instance a customs
and excise official, an immigration official and a forestry official, who carries out
investigative duties in accordance with special authorities granted by the law which
constitutes the legal basis thereof.

Paragraph (3)
Sufficiently clear.
 Article 8
Sufficiently clear.

Article 9
In urgent circumstances, an immigration official, upon the written instruction
of the Minister of Justice, may, for certain duties for the purposes of investigation,
perform his duties in accordance with the provisions of the prevailing laws.

Article 10
Paragraph (1)
Referred to as "an official of the police force of the Republic of
Indonesia" includes certain civil servants within the police force of the Republic of
Indonesia.

Paragraph (2)
Sufficiently clear.

Article 11
The delegation of authority to detain to an assistant investigator may only be
granted when a warrant from an investigator is not possible due to very urgent matters
and circumstances or where there are obstacles to communicate in isolated areas or in
places that do not have any investigator and or in other cases which can reasonably be
accepted.

Article 12
Sufficiently clear.

Article 13
Sufficiently clear.

Article 14
Sub article a through h
Sufficiently clear.

Sub-article i
Referred to as "other actions" include, among other things, the
checking of a suspect's identity, evidence with due observance of the limits of
authorities and functions of the investigator, the public prosecutor and the court.

Sub article j
Sufficiently clear.

Article 15
Sufficiently clear.

Article 16
Paragraph (1)
Referred to as "upon the order of the investigator" also includes the
assistant investigator as intended in the elucidation of Article 11.
 The aforementioned order constitutes a written warrant separately
prepared, issued prior to the arrest.

Paragraph (2)
Sufficiently clear.

Article 17
Referred to as "sufficient preliminary evidence" is preliminary evidence to
presume that there has been a criminal act in accordance with Article 1 sub-article 14.
This Article indicates that an arrest cannot be carried out arbitrarily, but must be
aimed at those who actually committed a criminal act.

Article 18
Paragraph (1)
An arrest warrant is issued by a authorized official of the police force
of the Republic of Indonesia in conducting an investigation within his jurisdiction.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Article 19
Sufficiently clear.

Article 20
Sufficiently clear.

Article 21

Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)

Sub paragraph a
Sufficiently clear.

Sub-paragraph b
A suspect or defendant who is addicted to narcotics
should as far as possible be detained in a certain place which also serves as a
rehabilitation center.
 Article 22
Paragraph (1)
As long as there is no state detention house in the relevant place,
detainees may be kept at the state police office, at the district prosecutor's office, at
the correctional institution, at a hospital and in urgent circumstances, at other places.

Paragraphs (2) and (3)

A suspect or a defendant may only leave a house or a town upon the
permission of the investigator, public prosecutor or judge who issued the warrant of
detention.

Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Article 23
Sufficiently clear.

Article 24
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Any extension of detention may only be granted by an official
authorized to do so based on reasons and a summary as the results of examination
submitted to him.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Article 25

Paragraph (1)
Sufficiently clear.

Paragraph (2)
Any extension of detention may only be granted by an official
authorized to do so based on reasons and a summary as the results of examination
submitted to him.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.
 Article 26
Sufficiently clear.

Article 27
Sufficiently clear.

Article 28
Sufficiently clear.

Article 29
Paragraph (1)
Referred to as "purposes of an examination" is an examination that
cannot be completed within the stipulated detention period. Referred to as "serious
physical or mental disturbance" is the condition of a suspect or a defendant making it
impossible for him to be examined for physical or mental reasons.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Paragraph (6)
Sufficiently clear.

Paragraph (7)
a. Although the case dossier has not been submitted to a district court,
objections to the legality of detention at the level of investigation or prosecution that
has been extended based on Article 29, may be filed to the head of an appellate court
to be examined and decided upon.

b. With regard to an extension of detention at the level of examination of

appeal to the Supreme Court as intended in paragraphs (2) and (3) no objection may
be filed because the Supreme Court constitutes the final level of judicature and the
institution exercising the highest control over the actions of other courts.

Article 30
Sufficiently clear.

Article 31
Referred to as "stipulated requirements" is the obligation to report, not to leave
a house or town.
 The period of postponed detention of a suspect or a defendant is not included
in the period of his status as detainee.

Article 32
Sufficiently clear.

Article 33
Paragraph (1)
To carry out a house search, an investigator must have written approval
from the head of a district court in order to guarantee the rights of a person for his
residence.

Paragraph (2)
If it is not the investigator himself who conducts the house search, the
other police officer must be able to show not only the written approval from the head
of a district court but also a written order from the investigator.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Referred to as "two witnesses" is members of the local community
concerned.

Referred to as "head of the neighborhood" is the head or deputy head

of a village, the head or deputy head of a neighborhood, the head or deputy head of a
locality, the head or deputy head of an equivalent institution.

Paragraph (5)
Sufficiently clear.

Article 34
Paragraph (1)
"Urgent circumstances" exist when at a place to be searched it is
strongly presumed that there is a suspect or a defendant present likely to soon escape
or to repeat a criminal act or that there are objects present which could be confiscated
and likely to soon be destroyed or removed whereas written approval from a district
court is impossible to be obtained in a proper way and in such a short time.

Paragraph (2)
Sufficiently clear.

Article 35
Sufficiently clear.

Article 36
Sufficiently clear.

Article 37
 A body search covers the examination of body cavities, for women to be
conducted by a female official. If an investigator is of the opinion that it is necessary
to conduct an examination of body cavities, the investigator shall request the
assistance of a health official.

Article 38
Sufficiently clear.

Article 39
Sufficiently clear.

Article 40
Sufficiently clear.

Article 41
Referred to as "documents" include cables, telexes and other things containing
a message.

Article 42
Sufficiently clear.

Article 43
Sufficiently clear.

Article 44
Paragraph (1)
As long as there is not a state storehouse for confiscated objects in the
relevant place, the confiscated objects may be kept at an office of the police force of
the Republic of Indonesia, at the district prosecutor's office, at the office of a district
court, in a building of a government bank or, in urgent circumstances, in another place
of storage or such objects may remain at the place where they were previously
confiscated.

Paragraph (2)
Sufficiently clear.

Article 45
Paragraph (1)
Referred to as objects which may be secured are, among others, objects
which are easily flammable, explosive, and therefore must be guarded and specially
marked or objects which may endanger the people's health and the environment. A
state auction office performs auctions after consultations with the local investigator or
public prosecutor or the judge concerned in accordance with the level of examination
in the legal proceedings and with an agency having the expertise in determining the
nature of objects that can be easily damaged.

Paragraphs (2) and (3)

Objects for the purposes of substantiation which by their nature can be
easily damaged may be sold at auction and the proceeds of the auction may be used as
a replacement to be submitted at the hearing, while a small portion of such objects
shall be set aside to serve as evidence.

Paragraph (4)
Referred to as "objects confiscated for the state" are objects which
must be surrendered to the ministry concerned, in accordance with the provisions of
the prevailing laws and regulations.

Article 46
Paragraph (1)
Objects which are subject to confiscation are required for examination
as evidence. As long as an examination continues, it can be found out whether or not
such objects are still required. If an investigator or public prosecutor is of the opinion
that such confiscated objects are no longer required for the purposes of substantiation,
then such objects may be returned to the party concerned or the owner. In returning
confiscated objects, the humanity aspect should as far as possible be taken into
account by giving priority to returning objects which constitute a source of
Livelihood.

Paragraph (2)
Sufficiently clear.

Article 47
Paragraph (1)
Referred to as "other documents" are documents which have no direct
connection with the criminal act being examined but are suspected for strong reasons.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Article 48
Sufficiently clear.

Article 49
Sufficiently clear.

Article 50
The granting of rights to a suspect or a defendant in this article is intended to
avoid the possibility of a person suspected of having committed criminal act facing an
uncertain fate, especially those subjected to detention, to prevent them from
prolonged detention without being examined, so that they may feel that there is no
legal certainty, that they are being arbitrarily and improperly treated.

In addition to that, this is also intended to conduct simple, fast and inexpensive
legal proceedings.

Article 51
 Sub-article a
By having the person suspected of having committed a criminal
act informed and understood what he has been suspected of, he will feel his interest in
making preparations for a defense is guaranteed. Consequently he will know the
seriousness of the suspicion against him so that he may thereafter be able to consider
the level or kind of defense needed, for instance whether or not he will seek legal
assistance for the defense.

Sub-article b
In order to avoid the possibility of a defendant being examined
and adjudicated at the hearing for an action he is indicted of having committed but
which he does not understand and because a hearing is the most important place for a
defendant to defend himself, since it is there that he can freely state anything he needs
for his defense, the court provides interpreters for this purpose for defendant of
foreign nationality or who do not understand the Indonesian language.

Article 52
In order that an examination may result in something that does not deviate
from the truth, a suspect or a defendant must be kept away from the feeling or fear.
Therefore, the application of force or pressure against a suspect or a defendant must
be prevented.

Article 53
Not all suspects or defendants understand the Indonesian language well,
especially foreigners, so that they do not understand what they really are suspected or
indicted of. Therefore, they have the rights to have the assistance of an interpreter.

Article 54
Sufficiently clear.

Article 55
Sufficiently clear.

Article 56
Paragraph (1)
Recognizing the principle that legal proceedings must be conducted
simply, quickly and inexpensively and considering that those who are subject to a
sanction of imprisonment of less than five years are not subject to detention except for
the criminal acts as intended in Article 21 paragraph (4) sub-paragraph b, for those
who are subject to a sanction of imprisonment of five years or more, but less than
fifteen years, the appointment of legal counsel must be adjusted to the development
and availability of legal counsel at the relevant place.

Paragraph (2)
Sufficiently clear.

Article 57
Sufficiently clear.

Article 58
 Sufficiently clear.

Article 59
Sufficiently clear.

Article 60
Sufficiently clear.

Article 61
Sufficiently clear.

Article 62
Sufficiently clear.

Article 63
Sufficiently clear.

Article 64
Sufficiently clear.

Article 65
Sufficiently clear.

Article 66
This provision is a manifestation of the principle of "presumption of
innocence."

Article 67
Sufficiently clear.

Article 68
Sufficiently clear,

Article 69
Sufficiently clear.

Article 70
Sufficiently clear.

Article 71
Sufficiently clear.

Article 72
Referred to as "for the purposes of his defense" is that they are obligated to
keep the content of the minutes for themselves.

Referred to as "copy" may be a photocopy.

Referred to as "examination" in this article is an examination at the level of

investigation, namely only the examination of a suspect.
 At the level of prosecution means examination of the entire case dossiers
including the indictment. Examination at the level of hearing means examination of
the entire case dossiers including the court decision.

Article 73
If it is proven that there has been an abuse of this article, the provisions of
Article 70 paragraphs (2), (3) and (4) shall apply.

Article 74
Sufficiently clear.

Article 75
Sufficiently clear.

Article 76
Sufficiently clear.

Article 77
Referred to as "cessation of prosecution" does not include the setting aside of
a case for public interest under the authority of the Attorney General.

Article 78
Sufficiently clear.

Article 79
Sufficiently clear.

Article 80
This Article is intended to uphold the law, justice and truth by means of
horizontal supervision.

Article 81
Sufficiently clear.

Article 82
Sufficiently clear.

Article 83
Sufficiently clear.

Article 84
Sufficiently clear.

Article 85
Referred to as "the conditions in an area do not allow" are among other things
regional insecurity or natural disasters.

Article 86
 Our Criminal Code adheres to the principle of active personality and the
principle of passive personality, which opens the possibility for an offense committed
abroad to be tried in accordance with the Criminal Code of the Republic of Indonesia.
To facilitate and ensure smoothness in the adjudication of criminal cases, the Central
Jakarta District Court has been appointed as the court authorized to adjudicate such
cases.

Article 87
Sufficiently clear.

Article 88
Sufficiently clear.

Article 89
Sufficiently clear.

Article 90
Sufficiently clear.

Article 91
Sufficiently clear.

Article 92
Sufficiently clear.

Article 93
Sufficiently clear.

Article 94
Sufficiently clear.

Article 95
Paragraph (1)
Referred to as "the harm of having been subjected to other actions" is
the harm caused by a house entry, a search and confiscation which are not legal.
Included in detention without reason is detention longer than the sanction imposed.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Article 96
 Sufficiently clear.

Article 97
Sufficiently clear.

Article 98
Paragraph (1)
The joining of a claim with a criminal case has the intention of having
the claim and the criminal case concerned examined and decided upon at the same
time. Referred to as "harm to another person" includes harm to a victim.

Paragraph (2)
The absence of a public prosecutor is in an express examination.

Article 99
Sufficiently clear.

Article 100
Sufficiently clear.

Article 101
Sufficiently clear.

Article 102
Sufficiently clear.

Article 103
Sufficiently clear.

Article 104
Sufficiently clear.

Article 105
Sufficiently clear.

Article 106
Sufficiently clear.

Article 107
Paragraph (1)
The investigator as intended in Article 6 paragraph (1) sub-paragraph
a, whether requested or not, is obligated based on his responsibility to give assistance
to the investigator as intended in Article 6 paragraph (1) sub-paragraph b. For this
purpose, the investigator as intended in Article 6 paragraph (1) sub-paragraph b is
obligated to inform the investigator as intended in Article 6 paragraph (1) sub-
paragraph a about the investigation from the outsets.

Paragraph (2)
The investigator as intended in Article 6 paragraph (1) sub-paragraph b
in investigating a criminal case is obligated to report this fact to the investigator as
intended in Article 6 paragraph (1) sub-paragraph a. This is necessary in the context
of coordination and supervision.

Paragraph (3)
The report from the investigator as intended in Article 6 paragraph (1)
sub-paragraph b to the investigator as intended in Article 6 paragraph (1) sub-
paragraph a must be accompanied by minutes of the examination to be sent to the
public prosecutor. This also applies if the criminal case is not referred to the public
prosecutor.

Article 108
Sufficiently clear.

Article 109
The notification by the investigator as intended in Article 6 paragraph (1) sub-
paragraph b is made through the investigator as intended in Article 6 paragraph (1)
sub-paragraph a.

Article 110
Sufficiently clear.

Article 111
Sufficiently clear

Article 112
Paragraph (1)
The summons must be made by a valid written summons, namely, a
written summons signed by an authorized investigating official.

Paragraph (2)
Sufficiently clear.

Article 113
Sufficiently clear.

Article 114
To uphold human rights, the suspect should be informed from the stage of
investigation that he has the right to be assisted by legal counsel during court
examination.

Article 115
Paragraph (1)
Legal counsel should passively follow the course of the examination.

Paragraph (2)
Sufficiently clear.

Article 116
Paragraph (1)
Sufficiently clear.
 Paragraph (2)
Sufficiently clear.

Paragraph (3)
Referred to as a witness who may be favorable for the suspect is
among others a witness a de charge.

Paragraph (4)
Sufficiently clear.

Article 117
Sufficiently clear.

Article 118
Paragraph (1)
Sufficiently clear.

Paragraph (2)
If a witness is unwilling to sign the minutes, he must give a good
reason.

Article 119
If the investigation outside the jurisdiction is conducted by the investigator
handling the case in the first place, he must be accompanied by the investigator of the
jurisdiction where the investigation is conducted.

Article 120
Sufficiently clear.

Article 121
Sufficiently clear.

Article 122
Sufficiently clear.

Article 123
Paragraph (1)
With respect to detention of a suspect by the investigator, the suspect,
his family or his legal counsel may state their objections to such detention to the
investigator, or to the government agency concerned, accompanied by the reasons
therefor.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
 Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Article 124
Sufficiently clear.

Article 125
This Article is intended to avoid arbitrary actions against a person.

Article 126
Sufficiently clear.

Article 127
Sufficiently clear.

Article 128
Sufficiently clear.

Article 129
Sufficiently clear.

Article 130
This Article is intended to prevent confusion with other objects which have no
connection with the particular case for which the objects have been confiscated.

Article 131
Sufficiently clear.

Article 132
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Referred to as "the public official in charge of keeping" is among
others, an authorized official of the state archives, the vital records, the probate court,
a notary in accordance with the prevailing laws and regulations.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Paragraph (6)
Sufficiently clear.
 Article 133
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Testimony given by a court-appointed medical expert is referred to as
expert testimony, whereas testimony given by a doctor who is not a court-appointed
medical expert is referred to as testimony.

Paragraph (3)
Sufficiently clear.

Article 134
Sufficiently clear.

Article 135
Referred to as "disinterment of a corpse" includes the taking of a corpse from
all types of places and means of burial.

Article 136
Sufficiently clear.

Article 137
Sufficiently clear.

Article 138
Referred to as "research" is the acts of the public prosecutor in preparing a
prosecution, whether a person and or an object mentioned in the results of an
investigation is in accordance with or meets the requirements of substantiation
conducted in the context of giving guidelines to the investigator.

Article 139
Sufficiently clear.

Article 140
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sub paragraph a
Sufficiently clear.

Sub paragraph b
Sufficiently clear.

Sub paragraph c
Sufficiently clear.

Sub paragraph d
 The new reason is obtained by the public prosecutor from the
investigator which originates from the testimony of the suspect, witnesses, objects or
indicators which are only subsequently found or obtained.

Article 141

Sub paragraph a
Sufficiently clear.

Sub paragraph b
Referred to as "criminal acts which are interrelated one with the
other" is when such criminal acts are committed:
1. by more than one person in cooperation and are
committed at the same time;
2. by more than one person at different times and places,
but which constitute the carrying out of a conspiracy previously made by them;
3. by more than one person with the aim to obtain a tool to
be used to commit another criminal act or to avoid the imposition of a sanction
because of another criminal act.

Sub paragraph c
Sufficiently clear.

Article 142
Sufficiently clear.

Article 143
Referred to as "referral letter of a case" is a letter referring the case itself
together with the indictment and the case dossier.

Article 144
Sufficiently clear.

Article 145

Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Referred to as "another person" is a family member or legal counsel.

Article 146
Sufficiently clear.
 Article 147
Sufficiently clear.

Article 148
Paragraph (1)
Sufficiently clear.

Paragraph (2)
If it is the district prosecutor's office that receives the referral letter of a
case from the original district prosecutor's office, he shall prepare a new referral letter
to be delivered to the district court stated in the stipulation.

Paragraph (3)
Sufficiently clear.

Article 149
Sufficiently clear.

Article 150
Sufficiently clear.

Article 151
Sufficiently clear.

Article 152
Paragraph (1)
Referred to as "the appointed judge" is a panel of judges or a single
judge.

Paragraph (2)
The summoning of the defendant(s) and witness(es) is validly
conducted by the public prosecutor with written summons which must have been
received by the defendant within a period of at least three days prior to the hearing.

Article 153
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
The application of the guarantee as provided for in paragraph (3) above
has been confirmed, as is evidenced by the incurring of legal consequences if the
principle of open hearing is not applied.

Paragraph (5)
 To ensure that the minds of underage children are not influenced by the
acts committed by the defendant, especially in cases of serious felonies, the judge
may stipulate that children under the age of seventeen years, except those who are or
have ever been married, shall not be allowed to attend a hearing.

Article 154
Paragraph (1)
Referred to as "without being tied" is a condition of not being chained
without reducing the guards.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
The presence of the defendant at the hearing is an obligation of the
defendant, and does not constitute his right, therefore the defendant must be present at
the hearing.

Paragraph (5)
Sufficiently clear.

Paragraph (6)
If despite serious efforts to obtain his presence in a proper manner, the
presence of the defendant has not been realized, the defendant may be forced to attend
the hearing.

Paragraph (7)
Sufficiently clear.

Article 155
Paragraph (1)
Sufficiently clear.

Paragraph (2)
In order to guarantee protection of the right of the defendant to present
his defense, the public prosecutor shall provide an explanation of the indictment,
however this explanation may only be made at the outset of the hearing.

Article 156
Sufficiently clear.

Article 157
Sufficiently clear.

Article 158
Sufficiently clear.
 Article 159
Paragraph (1)
This paragraph intends to prevent witnesses from influencing each
other, so that they are unable to testify freely.

Paragraph (2)
To become a witness is one of the obligations of every person. A
person who becomes a witness after having been summoned to a hearing to testify but
refuses to meet this obligation may be subject to sanction based on the prevailing
provision of law. The same shall apply to experts.

Article 160
Sufficiently clear.

Article 161.
Paragraph (1)
Sufficiently clear.

Paragraph (2)
The testimony of a witness or an expert who has not taken an oath or
pledge may not be regarded as valid evidence, but merely as testimony which may
confirm the conviction of the judge.

Article 162
Sufficiently clear.

Article 163
Sufficiently clear.

Article 164
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
A judge is authorized to remind both the public prosecutor and legal
counsel, if the questions asked are not relevant to the case.

Article 165
Sufficiently clear.

Article 166
If a question mentions a criminal act that has not been acknowledged as
having been committed by the defendant or has not been stated by a witness, but is
deemed as if it had been acknowledged or stated, such question is regarded as a
devious question.
 This Article is important because such devious question may not be asked to
the defendant, or to any witness.

This is in accordance with the principle that the testimony of a defendant or a

witness must be given freely at all levels of examination.

In an examination, an investigator or a public prosecutor may not use pressure

in any way whatsoever, especially in a court examination. Such pressure can take the
form of a threat and so forth, causing a defendant or a witness to testify to things
different from things regarded as free expression of his thoughts.

Article 167
Paragraph (1)
To facilitate the examination of witnesses, the presiding judge may at
times find that a witness whose testimony has been heard will be harmful to the next
witness giving testimony, so that it is necessary that the first witness leave the court
room while the testimony of the next witness is heard.

Paragraph (2)
The defendant or the public prosecutor may at times object to the
removal of a witness from the court room as intended in paragraph (1), for example if
the presence of such witness is necessary so that he may listen to the testimony given
by the next witness for the sake of completeness of the testimonies of witnesses.

Paragraph (3)
Sufficiently clear.

Article 168
Sufficiently clear.

Article 169
Sufficiently clear.

Article 170
Paragraph (1)
An occupation or position requiring an obligation to keep secrets shall
be stipulated by laws and regulations.

Paragraph (2)
If there are no laws or regulations regarding the aforementioned
position or occupation, then as stipulated by this paragraph, the judge should
determine whether or not the reason given for obtaining such exemption is valid.

Article 171
Considering the fact that children under fifteen years of age, as well as people
who are insane, mentally ill, mad even though only occasionally, who in psychiatry
are referred to as psychopaths, cannot be held fully responsible under criminal law, no
oath or pledge may be taken for their testimonies, and therefore their testimony may
only be used as an indication.
 Article 172
Sufficiently clear.

Article 173
If in the opinion of a judge, a witness will feel under pressure or not free to
testify if the defendant is present at the hearing, the judge may, to avoid unwanted
consequences, order the defendant to temporarily leave the courtroom while the judge
asks questions to the witness.

Article 174
Sufficiently clear.

Article 175
Sufficiently clear.

Article 176
Sufficiently clear.

Article 177
Sufficiently clear.

Article 178
Sufficiently clear.

Article 179
Sufficiently clear.

Article 180
Sufficiently clear.

Article 181
Sufficiently clear.

Article 182
Paragraph (1)
Sub paragraph a
Sufficiently clear.

Sub paragraph b
Sufficiently clear.

Sub-paragraph c
If the defendant is unable to write, the clerk shall record his defense.

Paragraph (2)
The reopening of a hearing is intended to allow for the collection of
additional data to serve as material for the judges' meeting.

Paragraph (3)
Sufficiently clear.
 Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Paragraph (6)
If unanimous consensus is not reached, the differing opinion of one of
the judges on the panel shall be recorded in the minutes of session of the panel which
shall be considered confidential.

Paragraph (7)
Sufficiently clear.

Paragraph (8)
Sufficiently clear.

Article 183
This provision is intended to guarantee that truth, justice and legal certainty
will be upheld for a person.

Article 184
In an express examination, it is sufficient that the conviction of a judge be
supported by one legal evidence.

Article 185
Paragraph (1)
The testimony of a witness does not include information obtained from
another person or testimonium de auditu.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Paragraph (5)
Sufficiently clear.

Paragraph (6)
This paragraph is intended to remind judges to ensure that a witness'
testimony is given in a truly free, honest and objective manner.

Paragraph (7)
Sufficiently clear.
 Article 186
Such expert testimony may also be given at the time of examination by the
investigator or public prosecutor and stated in the form of a report made under oath at
the time he accepted his position or occupation. If such was not given at the time of
examination by the investigator or public prosecutor, during the court examination he
should be requested to testify and this should be recorded in the minutes of
examination. Such testimony should be given after the expert takes an oath or pledge
before the judge.

Article 187

Sub paragraph a
Sufficiently clear.

Sub paragraph b
Referred to as "a document prepared by an official", includes
documents issued by a panel authorized for that purpose.

Sub paragraph c
Sufficiently clear.

Sub paragraph d
Sufficiently clear.

Article 188
Sufficiently clear.

Article 189
Sufficiently clear.

Article 190
Sufficiently clear.

Article 191
Paragraph (1)
Referred to as "not legally and convincingly proven to be guilty for the
acts he is being indicted of" is that there is not sufficient evidence in the judge's
assessment based on substantiation by using evidence according to the provisions of
this criminal procedure.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
If the defendant is still kept in detention for other valid reasons, such
reasons shall be clearly explained to the head of the district court as the supervisor
and observer of the implementation of court decisions.

Article 192
Sufficiently clear.
 Article 193
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sub paragraph a
The aforementioned order for detention of the defendant is
when the judge of the court of first instance rendering the decision is of the opinion
that such detention must be carried out due to a concern that so long as the decision
has not obtained permanent legal force, the defendant will escape, damage or destroy
the evidence or repeat the criminal act.

Sub paragraph b
Sufficiently clear.

Article 194
Paragraph (1)
Sufficiently clear.

Paragraph (2)
A stipulation on delivery of such objects, for example, is when such
objects are essential to earn a living, such as vehicles, agricultural tools, etc.

Paragraph (3)
The delivery of such evidence may be conducted even though a
decision has not obtained permanent legal force, but must be accompanied by certain
requirements, among others, that such objects may at any time be brought intact
before the court.

Article 195
Sufficiently clear.

Article 196
Paragraph (1)
This paragraph is taken from the principle contained in Article 16 of
Law Number 14 year 1970. Since provisions on "examination" have been set forth
earlier, this paragraph only sets forth the aspect of "deciding a case".

Paragraph (2)
After its pronouncement, the decision becomes effective for the
defendant, whether or not he is present. This paragraph is intended to protect the
interests of the defendant present and to guarantee the entire legal certainty in such a
case.

Paragraph (3)
The intent of this notification is to make the defendant aware of his
rights.

Article 197
 Paragraph (1)
Sub paragraph a
Sufficiently clear.

Sub paragraph b
Sufficiently clear.

Sub paragraph c
Sufficiently clear.

Sub paragraph d
Referred to as "facts and conditions" here is everything
available and found at the hearing by the parties to the proceeding, among others the
public prosecutor, witnesses, experts, the defendant, legal counsel and testifying
victims.

Paragraph (2)
Except for that which is referred to in sub-paragraphs a, e, f and h,
when there is an oversight and or mistake in writing, the oversight and or mistake in
writing or typing will not cause the decision to be null and void.

Paragraph (3)
Sufficiently clear.

Article 198
Sufficiently clear.

Article 199
Sufficiently clear.

Article 200
This provision is to give certainty to the defendant so that the time for
obtaining such written decision will not be prolonged, in the context of his application
of remedies.

Article 201
This provision gives certainty as to the possibility of a false or falsified
document being used as evidence, where remedies are applied. In addition, this
provision is intended to ensure careful handling of the case dossier by the clerk of the
court.

Article 202
Sufficiently clear.

Article 203
Sufficiently clear.

Article 204
Sufficiently clear.
 Article 205
Paragraph (1)
The criminal act of "minor defamation" is included here by being
referred to separately, since it is minor in nature even though it may be subject to a
maximum imprisonment of four months.

Paragraph (2)
Referred to as "based on a power of attorney" from the public
prosecutor to the investigator is by the law. If the public prosecutor is present, this
does not reduce the value of such "based on a power of attorney."

Paragraph (3)
Sufficiently clear.

Article 206
Sufficiently clear.

Article 207
Paragraph (1)
Sub-paragraph a
The intention of such notification is so that the defendant may
meet his obligation to come to the hearing on the designated day, date, time and place.

Sub-Paragraph b
In accordance with the express examination procedure, the
examination is conducted on the very same day.

Paragraph (2)
Sub-Paragraph a
Because of their fast settlement, cases adjudicated according to
express examination procedure are noted down in the register at the same time with
each of them given a number so that they may be settled consecutively.

Sub-Paragraph b
This provision gives certainty that in adjudication according to
the express examination procedures there is no need for a written indictment prepared
by a public prosecutor as in common examination procedures, rather the criminal act
indicted only needs to be entered in the register referred to in sub-paragraph a.

Article 208
Sufficiently clear.

Article 209
The provision in this article is intended to accelerate settlement of cases,
which nevertheless are to be handled most carefully.

Article 210
Sufficiently clear.
 Article 211
Referred to as "cases involving certain violations" are:
a. the use of road(s) in a way that may obstruct or endanger traffic order
or safety or which may give rise to damage of the road(s);
b. the driving of motor vehicles without being able to show a driver's
license, a vehicle registration, a valid certificate of vehicle inspection or other
certificates required by provisions of traffic laws and regulations or if these
documents can be shown but have expired;
c. letting or allowing a motor vehicle to be driven by a person who has no
driver's license;
d. failure to meet the provisions of traffic laws and regulations
concerning the numbering, lighting, equipment, fixtures, loading of vehicles and the
requirements for coupling with another vehicle;
e. allowing a motor vehicle to be on the road without a valid vehicle plate
number, in accordance with certificate of registration for the vehicle concerned;
f. violation of an order given by a road traffic officer and or traffic
control signals, lights or signs found on the road;
g. violation of provisions on allowable measurements and loads, methods
of picking up and dropping off passengers and or methods of loading and unloading
goods;
h. violation of route permits, types of vehicles allowed to operate on
designated roads.

Article 212
Sufficiently clear.

Article 213
Different from an examination under common procedures, in examinations for
traffic violation cases, the defendant may send a representative to attend the hearing.

Article 214
Sufficiently clear.

Article 215
In accordance with the meaning contained in express examination procedure,
that everything shall proceed quickly and conclusively, confiscated objects shall be
returned to the party most entitled at the time the decisions have been fulfilled.

Article 216
Sufficiently clear.

Article 217
Sufficiently clear.

Article 218
The task of a court is a noble one, as it is responsible not only to the law, its
fellow men and itself, but also to God Almighty. Therefore, everyone is obligated to
respect the dignity of this institution, especially those who are present in the
courtroom while a hearing is in progress and should show the proper respect and
politeness and not engage in behavior which could disturb or obstruct the hearing.
 Article 219
Referred to as "security officer" in this article is an official of the police force
of the Republic of Indonesia and without prejudice to his authority in the performance
of his duties, he is obligated to carry out the instructions of the head of the district
court concerned.

Article 220
Sufficiently clear.

Article 221
Sufficiently clear.

Article 222
Sufficiently clear.

Article 223
Sufficiently clear.

Article 224
The safekeeping of written court decision covers the entire dossiers of the case
concerned.

Article 225
Sufficiently clear.

Article 226
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Copies of the written decision may be provided free of charge.

Paragraph (3)
This paragraph may not be applied in such a way as to constitute an
additional sanction as intended in the Criminal Code.

Article 227
Sufficiently clear.

Article 228
Each period stipulated in this law shall always be counted from the next day
after an announcement, order or stipulation is issued.

Article 229
Sufficiently clear.

Article 230
Sufficiently clear.
 Article 231
Sufficiently clear.

Article 232
Sufficiently clear.

Article 233
Paragraph (1)
Sufficiently clear

Paragraph (2)
By taking into account Article 233 paragraph (1) and Article 234
paragraph (1), the clerk shall not be allowed to accept a petition for appeal of a case
which cannot be appealed or a petition for appeal which is filed after the stipulated
time limit has expired.

Paragraph (3)
Sufficiently clear

Paragraph (4)
Sufficiently clear

Paragraph (5)
Sufficiently clear.

Article 234
Sufficiently clear.

Article 235
Sufficiently clear.

Article 236
Paragraph (1)
The purpose of providing a time limit of fourteen days is so that cases
on appeal will not be piled up in the district court and will be promptly forwarded to
the appellate court.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
Sufficiently clear.

Paragraph (4)
Sufficiently clear.

Article 237
Sufficiently clear.

Article 238
 Paragraph (1)
Sufficiently clear.

Paragraph (2)
If in a criminal case the defendant may, according to law, be detained,
then once the petition for appeal has been filed , it is the appellate court that would
determine whether or not the defendant is to be detained. If the detention imposed on
an appellant has reaches a duration which is the same as the sanction imposed on him
by the district court he must be released immediately.

Paragraph (3)
Sufficiently clear.

Article 239
Sufficiently clear.

Article 240
Paragraph (1)
Improvements in the examination where there has been error in the
application of the procedure must be conducted by the district court concerned.

Paragraph (2)
Sufficiently clear.

Article 241
Sufficiently clear.

Article 242
Sufficiently clear.

Article 243
Sufficiently clear.

Article 244
Sufficiently clear.

Article 245
Sufficiently clear.

Article 246
Sufficiently clear.

Article 247
Sufficiently clear.

Article 248
Sufficiently clear.

Article 249
Sufficiently clear.
 Article 250
Sufficiently clear.

Article 251
Sufficiently clear.

Article 252
Sufficiently clear.

Article 253
Sufficiently clear.

Article 254
Sufficiently clear.

Article 255
Sufficiently clear.

Article 256
Sufficiently clear.

Article 257
Sufficiently clear.

Article 258
Sufficiently clear.

Article 259
Sufficiently clear.

Article 260
Sufficiently clear.

Article 261
Sufficiently clear.

Article 262
Sufficiently clear.

Article 263
This Article contains a reason to be used in a limitative way to request a
judicial review of decision in a criminal case which has obtained permanent legal
force.

Article 264
Sufficiently clear.

Article 265
Sufficiently clear.
 Article 266
Sufficiently clear.

Article 267
Sufficiently clear.

Article 268
Sufficiently clear.

Article 269
Sufficiently clear.

Article 270
Sufficiently clear.

Article 271
Sufficiently clear.

Article 272
The purpose of this Article is that sanctions imposed consecutively must be
served by the convicted person in a consecutive manner, one following the other.

Article 273
Paragraph (1)
Sufficiently clear.

Paragraph (2)
Sufficiently clear.

Paragraph (3)
The period of three months in this paragraph is intended to take into
account matters which cannot possibly be arranged within a short time.

Paragraph (4)
The extension of period as intended in this paragraph should be
observed so as not to postpone the implementation of auction.

Article 274
Sufficiently clear.

Article 275
Since the defendant in cases intended in this article are jointly sanctioned for
having been found guilty of committing criminal acts in the same case, it is
reasonable that the case fees and/or compensation be borne jointly and proportionally.

Article 276
Sufficiently clear.

Article 277
 Sufficiently clear.

Article 278
Sufficiently clear.

Article 279
Sufficiently clear.

Article 280
Sufficiently clear.

Article 281
The information intended in this article shall be set forth in a stipulated form.

Article 282
Sufficiently clear.

Article 283
Sufficiently clear.

Article 284
Paragraph (1)
Sufficiently clear.

Paragraph (2)
a. Referred to as all cases are cases which have been brought to the court.
b. Referred to as "special provisions on criminal procedure as intended in
certain laws" are the special provisions on criminal procedure stated in, among others:
1. Law on the investigation, prosecution and adjudication of
economic criminal acts (Law Number 7 Drt. Year 1955);
2. Law on the eradication of criminal acts of corruption. (Law
Number 3 year 1971),
With the provision that all special provisions on criminal procedure as
intended in certain laws will be reviewed, amended or revoked within the shortest
possible time.

Article 285
This Criminal Procedure Code is abbreviated as "K.U.H.A.P."

Article 286
Sufficiently clear.

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA

NUMBER 3209