What is Pretrial?

In a series of criminal procedural laws, the term pretrial is often found. Many people still do not know what is meant by pretrial? as well as what is regulated and/or decided in the pretrial itself

Pretrial is the authority possessed by the District Court to examine and decide the following matters:

1. Whether or not an arrest is legal and/or detention, at the request of the suspect or his family or at requests with an interest in upholding law and justice;
2. Whether or not the termination of investigation is legal or termination of prosecution, at the request of interest in upholding law and justice; and
3. Request for compensation or rehabilitation, by the suspect or his family or other parties or proxies whose case has not been submitted to the Court.

It is to be of concern to the public in general and law enforcers that Article 77 to Article 83 of the Criminal Procedure Code which regulates pretrial does not only give suspects or their families the right to pretrial the Police and the Attorney General's Office, but it also gives the Police the right to pretrial the Attorney General's Office also the other way around.

Suria Nataadmadja & Associates Law Firm

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