COMPENSATION & REHAB,
JOINDER,
INTERCONECTIVITY
CRIMINAL PROCEDURE LAW – by FD
Criminal Procedure Law
Today’s Subjects:
1.
2.
3.
4.
Suspect/Accused’s Rights
Compensation & Rehabilitation
Interconnectivity
Joinder of Case of Claims For
Compensation
Suspect/Accused’s Right
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KUHAP (CP Code) gives more attention than
HIR.
See Art. 50- 68 KUHAP
Legal Aid: Art. 69-74 jo. Art.56 CP Code
ICCPR Article 14 ratifitied via Law No.12/2005
Advocate obligation to give free legal aid (pro
bono). See Art. 22 UU No. 18 Tahun 2003
Concerning Advocate.
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Within Sight But Not Within Hearing
(Art. 71 : (1) and Art. 115 : (2))
- State security case (terrorisme)
Within Sight and Within Hearing (Art. 71
ayat (2) , Art. 115 ayat (1))
- for general crime case
Compensation
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Definition: See Art. 1 section 22 CP Code.
Compensation: Right for a claim; payment
in the amount of money; being arrested,
prosecuted, tried illegally (error in person,
not on a basis reason of law)
Legal Basis:
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Art. 9 Act No. 14/1970
Art. 9 Act No. 4/2004
Art. 95-96 CP Code
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Competent/Interesting
Party: The Suspect,
Accused, Convicted, or
his/her Heirs.
Request of Compensation
by:
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Civil Suit base on an
offense/conduct against the
law/rule (1365 BW)
Joinder of case of claims for
Compensation
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Procedure:
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In Pre Trial, when it is not submitted to the
DC.
To the competent DC
Been Adjudicated after Pre Trial Review.
Form of Judgment: Ruling
Amount of Payment of Compensation:
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For illegal legal forces: (arrest, detention,
etc) Rp. 500.000-Rp1000.000
Cause handicap/deathRp. 3000.000.
REHABILITATION
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See Art. 1 section 23 CP Code
Rehabilitation: restored their status,
integrity, dignity; which is granted on the
investigation, prosecution, and
adjudication process; being arrested,
prosecuted, tried illegally (error in person,
not on a basis reason of law).
REHABILITATION
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Legal Basis: Art. 97 CP Code
If the Final and binding Verdict is acquit or
dismiss of all charges.
Decided by DC Judges or Pre Trial Judges.
Shall be granted and mentioned at the
same time in the court judgment.
Interconnected Jurisdiction
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an offense/offenses conducted/
committed together by those
who belong to:
1. Public Judicial System
2. Military Judicial System
Legal Basis:
 Act No. 14/1970 Art.22
 Act No. 8 /1981 Art. 89-94
 Act No. 4 /2004 Art. 23
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Concerning Joinder (Deelneming)
Object: all offenses belong to general
district court jurisdiction
Procedure:
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Examined and adjudicated at public judicial
system.
Unless under the Decision of Minister of
Justice + Min of Defense and Security: the
case shall be examined and adjudicated at
military judicial system.
Procedure Interconnected
Jurisdiction
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Investigation: Permanent
Team, consisting of:
1. Investigator
2. The Military Police of the
Armed Forces of RI
3. Military Prosecutor/
High Military Prosecutor.
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Pre Trial: depends on the status of the
suspect/accused (SEMA No. 15/ 1983)
Adjudication Process:
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If the damage caused by offense falls on the
public interest : the case shall be submitted
and adjudicated by the public judicial
System. Judges: 1. chief Judge from public
judicial system 2.Judge form Public 3. Judge
from Military
If the offense falls on the military interest:
military judicial system. (1 public judge, 2
military judge)
Pengadilan koneksitas kasus Aceh
dengan terdakwa tentara/ TNI
Foto: J. Kamal Farza
Joinder of Cases of Claims for
Compensation
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Legal Basis: Art. 98- 101
Competent Person: The Victim / 3rd Interesting
Party.
Procedure:
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Submitted by the victim/3rd Interesting Party
Before Bill of Charge or before the judge render a
final judgment.
Joinder of Civil Suit and a Criminal Case, shall
continue at the level of exam on appellate level.
Applied provisions of rules of civil procedure.
Plus and Minus of Civil Suit
Plus:
 Independent
 Materiel and
immaterial
Compensation
 Shall submitted
anytime
Minus:
 Need more time
 Higher Cost
 Not a simple
procedure
 Difficult proof
Plus and Minus
Joinder of Cases of Claims for
Compensation
Plus:
 Immediate Procedure
cepat;
 Low Cost;
 Simple way of proof
Minus:
 Depend on the Primary
Case (accessoir)
 Materiel Compensation
only.
 Submitted before bill of
Charge.
 Legal Remedy depends
on the Primary Case
Decision.