Today’s Legal Enlightenment (Friday, 16 September 2022) – THE REASON FOR THE REJECTION OF HENDRA RAHARDJA’s (PRESIDENT COMMISSIONER OF BANK HARAPAN SENTOSA) PRE-TRIAL APPLICATION

The actions of the Cassation Applicant (Indonesian Police), who have not provided a copy of the Arrest Warrant, are in accordance with Article 18(3) of the Criminal Procedure Code because the copy must be given immediately after the arrest. Meanwhile, it turns out that the Cassation Defendant (Hendra Rahardja) has not yet been arrested. In this case, Hendra Rahardja was arrested and detained on orders and by the Australian Federal Police, not Indonesian Police Officers. Whereas the Pre-Trial regarding the legality of arrests and detentions only applies to those carried out by Indonesian investigators as determined and regulated in Articles 17, 18, and 20 of the Criminal Procedure Code.

→ Supreme Court Decision No. 1156K/Pid/2000, 11 October 2000

Best regards,

Fredrik J. Pinakunary