{"id":19025,"date":"2026-02-03T04:48:43","date_gmt":"2026-02-03T04:48:43","guid":{"rendered":"https:\/\/kdigital.id\/maulana\/?post_type=insight&p=9025"},"modified":"2026-06-22T01:52:27","modified_gmt":"2026-06-21T17:52:27","slug":"pre-trial-system-according-to-new-indonesian-criminal-procedural-law","status":"publish","type":"insight","link":"https:\/\/kdigital.id\/maulana\/news\/pre-trial-system-according-to-new-indonesian-criminal-procedural-law\/","title":{"rendered":"Pre-trial System According to New Indonesian Criminal Procedural Law"},"content":{"rendered":"

On 2 January 2026, new Law Number 20 of 2025 on Criminal Procedure Code was effective (\u201cNew Criminal Procedure Code\u201d<\/strong>), substitutes the old Criminal Procedure Code that was enacted more than 40 years ago and also accommodates several Constitutional Court Decision that expanded judicial control over coercive measures and investigative discretion.<\/span><\/p>\n

One fundamental amendment to New Criminal Procedure Code is the strengthening of the Pre-Trial System as judicial control mechanism over both coercive actions and unjustified inaction by investigators and public prosecutors. This amendment becomes the basis for law enforcement and ensuring protection of citizens’ rights. Below the scope of Pre-Trial according to Article 158 of New Criminal Procedure Code:<\/span><\/p>\n

    \n
  1. The validity of coercive measures;<\/span><\/li>\n
  2. The validity of the termination of an investigation or prosecution;<\/span><\/li>\n
  3. Requests for compensation and\/or rehabilitation as a consequence of unlawful termination of investigation or prosecution;<\/span><\/li>\n
  4. Confiscation of objects or goods unrelated to the crime;<\/span><\/li>\n
  5. Delays in handling cases without valid legal reasons; and<\/span><\/li>\n
  6. Suspensions of detention.<\/span><\/li>\n<\/ol>\n

    The New Criminal Procedure Code also introduces significant changes to the object of pretrial proceedings, in a case where the reporter’s report is delayed or not handled for a clear legal reason, the reporter can file a pretrial hearing to request their case to be processed immediately (vide Article 161). The New Criminal Procedure Code accommodates the Pre-Trial proceedings as a legal mechanism aimed at testing the validity of the actions of investigators and public prosecutors in the criminal justice process.<\/span><\/p>\n

    Further, Article 159 par. (1) of the New Criminal Procedure Code stipulates that the District Court has the authority to examine and decide, in accordance with the provisions of this Law regarding the validity or otherwise of the implementation of Coercive Measures.<\/span><\/p>\n

    On the other hand, the provisions of Article 163 of the New Criminal Procedure Code also explain the provisions of pretrial examination procedures, the contents of pretrial decisions, and the right to file for compensation.<\/span><\/p>\n

    The New Criminal Procedure Code also stipulates that pretrial decisions cannot be appealed, except for decisions that determine the invalidity of the termination of investigation or prosecution, in which case a final decision can be requested from the High Court in the relevant jurisdiction (vide Article 164).<\/span><\/p>\n

    —<\/span><\/p>\n

    Should you have any questions or require our assistance, do not hesitate to contact us at: office @maulanalawfirm.com<\/span><\/p>\n","protected":false},"template":"","insight_section":[8],"class_list":["post-19025","insight","type-insight","status-publish","hentry","insight_section-publications-insights"],"_links":{"self":[{"href":"https:\/\/kdigital.id\/maulana\/wp-json\/wp\/v2\/insight\/19025","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kdigital.id\/maulana\/wp-json\/wp\/v2\/insight"}],"about":[{"href":"https:\/\/kdigital.id\/maulana\/wp-json\/wp\/v2\/types\/insight"}],"wp:attachment":[{"href":"https:\/\/kdigital.id\/maulana\/wp-json\/wp\/v2\/media?parent=19025"}],"wp:term":[{"taxonomy":"insight_section","embeddable":true,"href":"https:\/\/kdigital.id\/maulana\/wp-json\/wp\/v2\/insight_section?post=19025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}