Differences and Similarities between Indictment Letters and Prosecution Letters

PERTANYAAN

What are the differences and similarities between indictment letters and prosecution letters?

INTISARI JAWABAN

Indictment letters and prosecution letters are important documents in the trial of criminal cases. Both have something in common, namely made by the prosecutor as a public prosecutor to be submitted in court.

So, what are the differences between indictment letters and prosecution letters?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Perbedaan dan Persamaan Surat Dakwaan dengan Surat Tuntutan which was written by Daniel Triwibowo Sidabutar, S.H., and was published on Thursday, 27 October 2022.

This article below is an update of the article entitled Indictment Letters and Prosecution Letters (Surat Dakwaan dengan Surat Tuntutan), which was first written by Shanti Rachmadsyah, S.H., and was first published on Monday, 27 September 2010.

All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of an Indictment Letter

In civil law cases, it is known as a lawsuit, then in criminal cases, there are indictments or indictment letters. So, what is an indictment letter?

Indictment letters according to the criminal procedure law are drawn up by the prosecutor in his position as a public prosecutor and become the basis for examination at the court as well as the basis for the judge's decision.

According to Andi Hamzah in his book, Indonesian Criminal Procedure Code (Hukum Acara Pidana Indonesia), an indictment letter is the basis for judges to conduct examinations and it is only within the limits of the indictment that the judges will decide (p. 167).

Meanwhile, according to A. Karim Nasution quoted in the article entitled Indictment Letter: Definition, Functions, and Types, an indictment letter is a letter or deed which contains a formulation of the criminal act which is indicted, which is temporarily concluded from a preliminary examination which is the basis for judges to conduct examinations. If sufficient evidence is found, the defendant may be sentenced.

According to Article 197 section (1) letter c Law 8/1981, a sentencing decision must be based on the indictment as contained in the indictment letter. In addition, when a judge conducts a final deliberation to reach a decision, then the panel must be based on an indictment letter.[1]

According to M. Yahyah Harahap's book entitled Discussing Problems and Implementation of the Criminal Procedure Code (Pembahasan Permasalahan dan Penerapan KUHAP) (p.117), the head of court "order" the public prosecutor to read the indictment letter which is the first step in the prosecution stage without reducing the actual prosecution at the time of reading the requisite.

Based on Article 155 section (2) Law 8/1981, the indictment letter is read out at the beginning of the trial/court, at the request of the presiding judge.

Meanwhile, the functions of an indictment letter can be classified into three categories:[2]

1. For judges, it functions as a basis and simultaneously limits the scope of examinations and as a basis for consideration in imposing decisions;
2. For the public prosecutor, it functions as a basis for proof or juridical analysis, criminal prosecution, and the use of legal remedies;
3. For defendants, it functions as a basis for preparing a defense.

Furthermore, the indictment letter must fulfill the formal requirements according to Article 143 Law 8/1981, namely:[3]

1. Must be affixed with the date and signature of the public prosecutor as the creator of the indictment;
2. Contain completely the identity of the defendant which includes full name, place of birth, age/date of birth, gender, nationality, place of residence, religion, and occupation.

In addition to the formal requirements, material requirements are also stipulated, that indictment letters must contain accurate, clear, and complete descriptions of the indicted criminal act, by specifying the place and time at which the criminal act was committed.[4]

There are five types of indictment letters, namely single, alternative, subsidiary, cumulative, and combination.

Also read: Fundamental Differences between Indictment Letters and Prosecution Letters

Definition of a Prosecution Letter

Juridically, Article 182 section (1) letter a Law 8/1981 clarifies that after the examination has been completed, the public prosecutor shall file a criminal charge. The prosecution is made in writing[5] which is set out in a prosecution letter.

Therefore, what does a prosecution letter mean? A prosecution letter is a letter that contains a criminal charge based on the evidence at the trial/court and the conclusion of the public prosecutor.

Regarding the content of the prosecution letter, there is no single article in Law 8/1981 that regulates the form and structure of the prosecution letter. However, in practice, the content of a prosecution letter is as follows.

1. introduction;
2. the identity of the defendant;
3. indictment letter;
4. result of proof;
5. evidence;
6. analysis of facts;
7. legal analysis;
8. proof of the indictment letter;
9. criminal prosecution.

Similarities and Differences between Indictment Letters and Prosecution Letters

The answer to your question regarding the differences between indictment letters and prosecution letters as well as their similarities, are as follows.

	Indictment Letters	Prosecution Letters
Differences	read out at the beginning of the trial/court; contains articles that have been indicted, but there has been no demand for punishment yet;	filed after the process of proof at the trial/court is completed; contains demands for the sentence/ punishment of the defendant.
Similarities	drawn up by the public prosecutor, to be submitted in court; the public prosecutor who issues the indictment;	drawn up by the public prosecutor, to be submitted in court; the public prosecutor who issues the prosecution;

 

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 8 of 1981 on the Criminal Procedure Code;
2. Circular of the Attorney General Number SE-004/J.A/11/1993 on Indictment Drafting.

Reference:

1. Andi Hamzah, Hukum Acara Pidana Indonesia, 2^nd Edition, Jakarta: Sinar Grafika, 2015;
2. M. Yahyah Harahap, Pembahasan Permasalahan dan Penerapan KUHAP: Penyidikan dan Penuntutan, 2^nd Edition, Jakarta: Ghalia, 2007.

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[1] Article 182 section (4) Law Number 8 of 1981 on the Criminal Procedure Code (“Law 8/1981”).

[2] Circular of the Attorney General Number SE-004/J.A/11/1993 on Indictment Drafting (“Circular of the Attorney General 4/1993”).

[3] Circular of the Attorney General 4/1993 jo. Article 143 section (1) and (2) letter a Law 8/1981.

[4] Circular of the Attorney General 4/1993 jo. Article 143 section (2) letter b Law 8/1981.

[5] Article 182 section (1) letter c Law 8/1981.