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GUEST LECTURER : THE DIFFERENCES OF CRIMINAL JUSTICE SYSTEM BETWEEN UNITED STATES AND INDONESIA

Kamis, 25 Februari 2016 - 12:25:39 WIB
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10 Differences Between the US and Indonesian Criminal Justice Systems

Steven Kessler, United States Department of Justice

1.       The Investigation Begins.

INDONESIA

  • Suspect formally named as “suspect.”

  • Restrictions on how police may close an investigation.

UNITED STATES

  • No formal designation of the “suspect.”

  • The police can close the investigation whenever they want.

2. The Police Call the Suspect in for Questioning.

INDONESIA

  • One of the first things to be done is to bring in the suspect for questioning.

  • No right to remain silent.

UNITED STATES

  • The police do all they can BEFORE calling in the suspect for questioning.

  • Suspect has the right to an attorney and the right to remain silent.

3. The suspect is kept in custody.

INDONESIA

  • Pre-trial motion to challenge status as a suspect, illegal arrest, and claim that property was improperly taken from him.

  • Who has to prove what?

  • Remedies?

UNITED STATES

  • Defendant brought before judge in 24 hours.

  • Constitutional right to bail being set.

  • Judge decides on custody, not police or prosecutors.

4. Identification Procedures

INDONESIA

  • The defendant can argue at the end of the trial that the identification testimony was weak or that the procedures were unfair.

UNITED STATES

  • Defendant can argue in a pre-trial motion that the identification evidence should be excluded because it was suggestive and unfair.

5. Police Find Physical Evidence During A Search

INDONESIA

  • Improper police procedures are unlikely to result in evidence not being considered.

UNITED STATES

  • Defendant asks to have evidence excluded if it is improperly obtained by police.

  • Court holds a pre-trial hearing to determine the facts.

6. Police Beat Up The Defendant and He Confesses During the Investigation.

INDONESIA

  • The Court will not care too much whether the police beat up the defendant.

UNITED STATES

  • The defendant can challenge and exclude the confession and all of the evidence that was found as a result of the confession – Fruit of the Poisonous Tree.

7. Trial

INDONESIA

  • Panel of three experienced judges decides whether he is guilty or not guilty.

  • Police may or may not show up for trial.

UNITED STATES

  • Jury of 12 ordinary people decide the case.

  • The police always testify and submit to cross-examination.

8. The Defendant Has the Right to Remain Silent at Trial

INDONESIA

  • The defendant’s silence cannot be considered as one of the two pieces of evidence, but still… the accused is expected to make a statement.

UNITED STATES

  • The jury cannot consider the defendant’s silence. But, still, ….

9. The Burden of Proof and the Standard of Proof

INDONESIA

  • The Court can only find guilt if there are at least two categories of evidence giving the judges the internal conviction that the accused is guilty.

UNITED STATES

  • The jury can only find guilt if they unanimously agree there is proof of guilt beyond a reasonable doubt.

10. Direct Appeal to the Intermediate Court

INDONESIA

  • Prosecutor or Defense can appeal, claiming that there is additional evidence or just claiming that the trial court came to the wrong decision.

UNITED STATES

  • Only the defense can appeal.

  • Defense cannot merely claim the jury got it wrong.

  • No new evidence.

  • Was there a procedural error such that the accused was denied a fair trial.

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