Financial Crime Investigation Procedures in Indonesia Uncovered

Introduction

The Indonesian court system plays a crucial role in handling financial crime cases, with the District Courts serving as the first level of adjudication. In this article, we will delve into the financial crime investigation procedures in Indonesia, exploring the two-stage process and the powers granted to authorities.

The Court 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. However, unlike some other countries, Indonesia does not employ a jury system in its criminal trials.

The Two-Stage Investigation Process

Financial crime investigations in Indonesia involve a two-stage process: preliminary and formal investigations. The authorities can initiate an investigation based on Article 102 Paragraph (1) of the Criminal Procedure Code, which states that they are obligated to promptly take necessary steps for a preliminary investigation 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.

Powers and Authorities

During investigations, authorities have the power to carry out actions such as:

• Arrests
• Detentions
• Body searches
• Home entries
• Confiscations
• Examinations of letters

They also have the authority to summon individuals for interviews, as stipulated in Article 7 Paragraph (1) letter g of the Criminal Procedure Code.

Suspect and Witness Rights

Interviewees who are suspects or witnesses have certain rights during the interview process, including:

• The right to be clearly informed about the suspicion against them
• The right to freely give information without an expressed right to remain silent
• The right to have an interpreter’s assistance
• The right to legal counsel’s assistance during examinations
• The right to choose their own legal counsel

Limitations and Concerns

However, Indonesian law does not explicitly recognize the right to remain silent or the right against self-incrimination. Interviews are not required to be recorded or transcribed by law. Despite this, suspects still have a range of rights that they can exercise during the investigation process.

Conclusion

Overall, financial crime investigations in Indonesia follow a two-stage process, with authorities having significant powers to gather evidence and conduct interviews. While some may argue that certain rights are lacking, others point out that the system provides adequate protections for those involved in the process.