Juridical Analysis of Indictments and the Application of Law in Crime

So that the indictment did not clearly state the beginning of the prosecution. In the action it also did not explain what was the driving factor the defendant committed the criminal act indicted by the public prosecutor. Based on the provisions of criminal law, it is found that the indictment is obscuur libel. 

As described, the indictment submitted to court does not meet the material requirements as stipulated in Article 143 Paragraph (2) Letter b of the Criminal Procedure Code. The prosecutor's charges cannot be categorized as a criminal offense by the defendant because the elements (bestanddeel) are not completely fulfilled.

1. STAGES OF POLICE REPORT, INVESTIGATION AND INVESTIGATION

There was a report from the reporter Roh Jae Chung (Korean citizen) on April 21, 2016 at the Indonesian Police Criminal Investigation Agency, Directorate of General Crimes. In a resume made with Police Report Number: LP / 422 / IV / 2016 / Bareskrim explained that tempus delicti is March 27 2015 and locus delicti is the office of PT. DCG Indonesia, Jamkrindo Building Floor 3A, Jalan Angkasa Blok B-9 Kav.6 Kota Baru Bandar Kemayoran, Central Jakarta with suspicion of committing the Crime of Forging Letters (Valsheid), as referred to in Article 263 of the Criminal Code and the alleged Crime of Entering Information Fake into the authentic deed as referred to in Article 266 of the Criminal Code which the suspect Haryo Bimo Arianto is accused of not being fulfilled. Based on the testimony of witnesses and evidence the suspect Haryo Bimo Arianto is suspected of having committed the Crime of Embezzlement (Verduistering) in Position as referred to in the formulation of Article 374 of the Criminal Code.

2. TRANSFER OF FILES AGAINST THE AUTHORIZED JURISDICTION

 

In the case of Article 263 Paragraph (1) of the Criminal Code or Article 374 of the Criminal Code, it is tried at the North Jakarta District Court, if based on locus delicti, it is the relative authority of the Central Jakarta District Court as stated in the indictment of the North Jakarta Prosecutor's Office that it is delegated to the Central Jakarta Court.

This is regulated in Article 137 of the Criminal Procedure Code, "The public prosecutor has the authority to prosecute anyone accused of committing a crime within his jurisdiction by delegating the case to a court that has the authority to adjudicate it."

3. PROSECUTION

Based on the description of the Police Report above, it is known that the Public Prosecutor continued to use the first indictment by accusing the defendant of Falsification of Letters as formulated in Article 263 Paragraph (1) of the Criminal Code after a police resume stating that the element (bestanddeel) was not fulfilled that the defendant had committed a criminal act letter forgery (valsheid).

Based on the provisions of criminal law, it is found that the indictment letter in the decision: No 4 / Pid.B / 2019 / PN.Jkt.Utr is obscuur libel. The Public Prosecutor was unable to prove his first indictment, namely Article 263 Paragraph (1) of the Criminal Code concerning forgery of documents (valsheid), so that the prosecutor was released on the charges.