Pre-Trial: Definition, Parties, Mechanism, and Essence

Legal Literacy - Pre-trial hearing is an important institution criminal procedure law in the Indonesian criminal justice system. Pre-trial hearing is the authority of the District Court to examine and decide on the legality of an arrest and/or detention, the legality of the termination of investigation or termination of prosecution, and requests for compensation or rehabilitation.

Definition of Pre-Trial Proceedings

Pre-trial hearing is the authority of the District Court to examine and decide on the legality of an arrest and/or detention, the legality of the termination of investigation or termination of prosecution, and requests for compensation or rehabilitation.

Parties Entitled to File a Pre-Trial Motion

The parties who can file a pre-trial motion are:

1. The suspect, namely whether the detention action against him is contrary to the provisions of Article 21 of the Criminal Procedure Code, or whether the detention imposed has exceeded the time limit specified in Article 24 of the Criminal Procedure Code;
2. The investigator to examine the legality of the termination of prosecution;
3. The Public Prosecutor or a concerned third party to examine the legality of the termination of investigation or termination of prosecution. A concerned third party refers to, for example, a victim witness.

Claims for compensation, rehabilitation submitted by as a suspect, his family or his legal counsel, must be based on:

1. Unlawful arrest or detention;
2. Searches or seizures that are contrary in accordance with legal provisions and laws;
3. Mistake regarding the person arrested, detained, or examined.

Pre-Trial Hearing Mechanism

1. The pre-trial is presided over by a Single Judge appointed by the Head of the District Court and assisted by a Registrar (Article 78 paragraph (2) of the Criminal Procedure Code).
2. The determination of the trial day shall also include the summons of the applicant and the respondent of the pre-trial.
3. Within 7 (seven) days from the examination of the pre-trial application, the application must be decided.
4. The applicant may withdraw their application before the District Court renders a decision if approved by the respondent. If the respondent approves the proposed withdrawal of the application, the District Court shall issue a determination regarding the withdrawal.
5. In the event that a case has begun to be examined by the court while the pre-trial examination has not been completed, the application shall be null and void. This shall be stated in the form of a determination.

Legal Remedies Against Pre-Trial Hearing Decisions

1. The pre-trial decision cannot be appealed (Article 83 paragraph (1)), except for decisions stating "the illegality" of the termination of investigation and prosecution (Article 83 paragraph (2) of the Criminal Procedure Code).
2. In the event that there is an appeal against a pre-trial decision as referred to in Article 83 paragraph (1) of the Criminal Procedure Code, the application must be declared inadmissible.
3. The High Court decides on the appeal regarding the illegality of the termination of investigation and prosecution at the final level.
4. A cassation legal remedy cannot be filed against the pre-trial decision.

Essence of Pre-Trial Hearing

The essence of pre-trial is as a means of protecting human rights in the enforcement process. criminal law. This is based on the consideration that in the enforcement process, criminal law, law enforcement officials have the authority to carry out coercive measures, such as arrest, detention, search, and seizure. These coercive measures can have a negative impact on the human rights of suspects/defendants, such as personal freedom, privacy, and property rights. Therefore, pre-trial is present as a means to ensure that the coercive measures taken by law enforcement officials are in accordance with the applicablelaw.