What Next After The Police Report Is Accomplish?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Some Tips Before You Choose an Attorneys", read also "The Example of Official Police Report Receipt in Indonesia", read also "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?", "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?". And on this occasion we will discuss about 'What Next After The Police Report Is Accomplish?'.

Governing Law On Police Report

Article 1 Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP") provides a definition of the Report as follows: "Report is a notification submitted by a person who, because of his rights or obligations under the law, to an authorized official regarding, has or is currently or is suspected of having a criminal event." Those who have the right to submit reports are people who have experienced, seen, witnessed or become victims of events that constitute criminal acts, either orally or in writing.[1]

In relation to this article, then your position as a foreigner who is in Indonesia is as a victim of a crime committed by someone else against you. Procedural law (Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP")) in Indonesia protects you by providing you with the right to report a crime you have experienced to the relevant Police institution.[2] Thus, basically everyone who experiences, sees, witnesses or even becomes a victim of a crime, has the right to report the crime to the Police.

What Next After The Police Report Is Accomplish?

After your Police report is received by the Police Officer at the relevant Police Station in Indonesia, then as proof of the report, the Police officer will provide a Police Report receipt. For more details regarding this matter, please read our article entitled: "The Example of Official Police Report Receipt in Indonesia". This proves that the criminal incident report that you report to the Police will be handled immediately.

After the Police report was completed, the due process of law had just begun. The Police will then carry out the Penyelidikan (research) and Penyidikan (investigation) process. What is meant by the process of Penyelidikan (research) and Penyidikan (investigation)?

Article 1 paragraph 5 of the Criminal Procedure Code (KUHAP) reads as follows:[3]

"Penyelidikan (research) is a series of investigators' actions to seek and find an event that is suspected of being a criminal act in order to determine whether or not an investigation can be carried out according to the method regulated in this law."

Article 1 paragraph 2 of the Criminal Procedure Code (KUHAP) reads as follows:[4]

"Penyidikan (investigation) is a series of actions by an investigator in terms of and according to the method regulated in this law to seek and collect evidence which with that evidence makes clear about the criminal act that occurred and in order to find the suspect".

In simple terms what is meant by Penyelidikan (research) is the process carried out by the Police to determine whether an incident can be investigated or not. After an event meets the requirements for an Penyelidikan (research), it is then upgraded to an Penyidikan (investigation) process, with the aim of collecting evidences and finding the crime suspect. And if you have any difficulties regarding this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

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References:

1. "How to Open a Police Report in Indonesia?", www.hukumindo.com., Diakses pada tanggal 15 Februari 2022, https://www.hukumindo.com/2021/10/how-to-open-police-report-in-indonesia.html

2. Ibid.

3. Kitab Undang-undang Hukum Acara Pidana (KUHAP);

4. Ibid.