A CRIMINAL EXAMINATION DOES NOT VIOLATE THE NEBIS IN IDEM PRINCIPLE, EVEN IF THE CIVIL PROCESS HAS BEEN CONDUCTED ON CASES THAT HAVE THE SAME OBJECT, SUBJECT, LOCUS, TEMPUS, AND LEGAL EVENT
That the examination of a criminal case does not violate the legal principle of nebis in Idem. It can still be carried out even though a civil law proceeding has been carried out on cases with the same object, subject, locus, tempus, and legal event, because criminal and civil examinations are in two different areas of law.
In addition, because in cases that have the same object, subject, locus and tempus as well as legal events, there are points of contact between criminal, state administration, and civil law, then the case can be examined and tried jointly in different legal domains.
–> Supreme Court Decision No. 1554 K/Pid.Sus/2015, dated 5 April 2016
Source: Varia Peradilan No. 372, November 2016, page 126.
Best regards,
Fredrik J. Pinakunary