Understanding 'Seponering' (Discontinuance of Prosecution)

Most of us are still often confused in using the terms 'deponering' and 'seponering'. Although in some legal literature, most experts use the term 'seponering' rather than 'deponering'.

From a linguistic point of view, 'seponering' or 'seponeren' means terzijde leggen (to set aside), niet vervolgen (not to prosecute). This terminology is only known in criminal law as regulated in Het Nederlands Strafprocesrecht. The synonym for 'seponeren' is 'sepot'. Termination of prosecution because it is considered unnecessary is called 'beleidsspot' (policy termination), while termination due to insufficient evidence is called 'technischspot'.

In simple terms, 'seponering' is a term used in a legal context to stop or postpone a legal process or case without making a final decision. 'Seponering' usually occurs when the authorities, such as a court, determine that the case or legal process will not be continued or resolved in the near future.

'Seponering' can occur for various reasons, including lack of sufficient evidence, out-of-court settlement, or a decision not to continue the legal process for other considerations. In other words, 'seponering' can be considered a postponement or temporary termination of a case or legal process.

'Seponering' is a form of implementation of the principle of opportuneness inherent in the Prosecutor based on Article 35 letter c of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia which reads: “The Attorney General may set aside a case for the public interest”.

It is also emphasized in the explanation of the article that what is meant by 'public interest' is the interest of the nation and state and/or the interest of the community. Setting aside as referred to in this provision is the implementation of the principle of opportuneness which can only be carried out by the Attorney General after considering suggestions and opinions from state power bodies that have a relationship with the matter.

The principle of opportuneness itself or 'opportuniteitsbeginsel' is the authority of the Attorney General to set aside a case for the public interest. In short, the rule of the principle of opportuneness means setting aside a case for the public interest. Based on this principle of opportuneness, the Prosecutor is given the authority to prosecute and not prosecute a case to court, either with or without conditions. The public prosecutor may decide conditionally to make procesution to court or not.