The Court System for Financial Crimes Financial crime cases in Indonesia are handled by the District Courts, which are part of the general judiciary system. According to Article 50 of Law Number 2 of 1986 on the General Judiciary, as amended by Law Number 49 of 2009, District Courts have the authority to examine, decide, and settle criminal and civil cases at the first level.
No Jury Trials Unlike some other countries, Indonesia does not use a jury system for criminal trials. Instead, as stipulated in Article 94 Paragraph (1) of Law Number 8 of 1981 on the Criminal Procedure Code, criminal cases are adjudicated by a panel of at least three judges.
Two-Stage Process Investigations in Indonesia involve two stages: preliminary investigations and formal investigations, as outlined in Article 1 of Law Number 8 of 1981 on the Criminal Procedure Code.
Grounds for Investigation The authorities can initiate an investigation based on Article 102 Paragraph (1) of the same law, which states that if a junior investigator becomes aware of, receives a report, or receives a complaint about an event that may reasonably be presumed to be an offense, they are obligated to promptly take the necessary steps for a preliminary investigation.
During investigations, the authorities have the power to carry out actions such as arrests, detentions, body searches, home entries, confiscations, and examinations of letters, as outlined in various articles of the Criminal Procedure Code.
Summoning Suspects/Witnesses Regarding interviews, Article 7 Paragraph (1) letter g of the Criminal Procedure Code grants authorities the power to summon individuals to be heard and examined as suspects or witnesses.
Rights of Interviewees According to Law 8 of 1981 on the Criminal Procedure Code, interviewees who are suspects have certain rights during the interview process, such as:
No Right to Silence or Against Self-Incrimination Indonesian law does not expressly recognize the right to remain silent or the right against self-incrimination. Interviews are not required to be recorded or transcribed by law.
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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
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Yoga Adi Nugraha
Managing Associate Practice Group White Collar Crime and Investigation
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