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An Overview of Criminal Prosecution Guidelines and Evidentiary Requirements in Indonesia
As legal practitioners in Indonesia, it is crucial to have a comprehensive understanding of the factors and standards that guide the criminal prosecution process. This article provides an overview of the key considerations for prosecuting authorities when determining criminal charges, as well as the evidential requirements for securing convictions.
Factors Influencing Charging Decisions The public prosecutor in Indonesia relies on established guidelines when determining the appropriate criminal charges against alleged perpetrators. As outlined in the Circular Letter of the Attorney General, the primary considerations include:
a. Aggravating Factors: If the aggravating circumstances surrounding the crime are more dominant, the prosecutor will typically seek the maximum punishment provided for in the relevant law.
b. Mitigating Factors: Conversely, if there are more mitigating factors present, the courts will take these into account when determining the appropriate charges and sentencing.
It is important to note that there is limited case law and a lack of the doctrine of stare decisis in the Indonesian legal system, leading to a degree of uncertainty and discretion in the prosecution’s decision-making process.
Evidential Standards for Conviction The evidentiary requirements for securing a criminal conviction in Indonesia are stipulated in Articles 183 and 184 of the Criminal Procedure Code. Specifically:
Article 183 states that a judge may not impose a penalty on a person unless they are convinced of the defendant’s guilt based on at least two valid forms of evidence.
Article 184 defines valid evidence as:
- Witness testimony
- Expert testimony
- Documents
- Circumstantial evidence
- The defendant’s own testimony
However, the judge is not solely bound by the available evidence but must also be convinced of the defendant’s guilt “beyond reasonable doubt” based on their own assessment.
Statute of Limitations The Indonesian legal framework also recognizes a statute of limitations for criminal matters, as outlined in the Criminal Code. The time limits for prosecuting an offense vary depending on the severity of the crime:
- Crimes punishable by fines or up to 3 years’ imprisonment: 6 years
- Crimes punishable by more than 3 years’ imprisonment: 12 years
- Crimes punishable by death or life imprisonment: 18 years
There are also specific provisions regarding the expiration of the authority to execute a criminal sentence, which generally exceeds the prosecution period by one-third.
Conclusion Understanding the nuanced guidelines and evidentiary standards that govern criminal prosecution in Indonesia is crucial for legal professionals navigating the country’s criminal justice system. By staying informed on these key aspects, law firms can provide clients with comprehensive and effective legal representation.
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Anggraeni and Partners, an Indonesian law practice with a worldwide vision, provides comprehensive legal solutions using forward-thinking strategies. We help clients manage legal risk and resolve disputes on admiralty and maritime law, complicated energy and commercial issues, arbitration and litigation, tortious claims handling, and cyber tech law
S.F. Anggraeni
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Yoga Adi Nugraha
Managing Associate Practice Group White Collar Crime and Investigation
Aga Kristiana Silaen
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