Do this if the police report is not followed up

Have you ever reported a crime to the police, but the report was not followed up? The condition when the police report is not followed up can certainly cause confusion, frustration, and questions about justice. As a citizen, you have the right to get legal certainty. Then, what can you do? This article will completely discuss the causes, rights of friends, as well as steps that can be taken if the police report is not followed up.

Also read: Online Police Report Service Guide

Why cannot the police report be followed up?

If the police report is not followed up, there are several factors that influence this, namely:

1. The report does not meet the elements of criminal acts

If based on the initial study at the Integrated Police Service Center (“SPKT/SPK”) concluded that the report was considered inappropriate or not to meet the elements of the in question criminal acts, then the police report was not followed up. The provision is regulated in Article 3 paragraph (3) letter b Regulation of the Head of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Investigation of Crimes (“Perkolri No. 6 of 2019”).

2. The reporter is not the person who has the right to complain

In the case of a criminal offense committed by the reported party is a complaint offense, if the reporter is not the person who has the right to make a complaint according to the law, then the police report is not followed up.

3. The evidence that is given is not enough

The police need strong evidence to be able to continue the investigation. If the initial evidence submitted is inadequate, the police may need more time to gather additional information or even stop the temporary investigation.

4. The report has expired

In criminal law, there is a prosecution exposure, which is a period where a criminal act can no longer be prosecuted. In Article 78 of the Criminal Code (“KUHP”), there is a provision for the time period of a criminal offense.

5. Other legal reasons

Some reports cannot be followed up for reasons for the sake of law, for example the perpetrators have died, or ne arrived at idem (the case has been terminated and cannot be checked again). This is based on Article 76 of the Criminal Code and Article 77 of the Criminal Code.

Please note that understanding this is important so that you can take the right steps.

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What rights as a reporter?

As citizens who report criminal offenses, you have rights regulated by the law. as follows:

1. The right to get proof of report

Every time you make a report, you are entitled to receive a police report receipt (“STTLP”). This is a valid proof that your report has been received.

2. Receive a notification letter for the start of the investigation (“spdp”)

SPDP is sent to the public prosecutor, victim or reporter, and reported in the latest seven days after the investigation warrant was issued.

3. The right to obtain information on case development

The reporter is entitled to obtain information on the investigation process in the notification of the development of the results of the investigation (“SP2HP”). SP2HP is information to the reporter the extent of the case process. Investigators are required to give SP2HP to the reporter, whether requested or not, regularly at least every month you have the right to ask the progress or development of the report that you have made.

4. The right to get protection

If you feel threatened after reporting a crime, you have the right to ask for protection from the authorities.

5. The right to be accompanied by legal advisors

In each stage of the legal process, you have the right to be accompanied by legal advisers.

6. The right to give additional information

If there is evidence or new information, you have the right to submit it to the investigator.

7. The right to revoke the report

In certain cases, the reporter has the right to revoke the report, even though the final decision is in the investigator whether the process continues or not.

Also read: Types and Models of Police Reports that are important to understand!

Steps if your report is not processed

If the police report is not followed up or the process is too slow for no apparent reason, there are several proactive steps you can do:

1. Re -check the report. Make sure you have STTLP and report numbers. Note the reporting date and name of the officer who received the report.
2. Contact the investigator. After some time (for example 7-14 working days), try contacting investigators who handle your case. Ask about the development of reports and what has been done. If there is, ask what is an obstacle.
3. Ask for SP2HP. If there is no satisfactory response, soba can apply for SP2HP officially. This is the right of my friend to find out the extent of the investigation or investigation. Usually, SP2HP will be issued regularly by the investigator.
4. Report to propam (profession and security). If you suspect that there is negligence or violation of procedures by members of the police, you can make a report to the National Police Professional and Security Division (Propam). Propam is tasked with overseeing the discipline and ethics of members of the National Police.
5. Report to the investigator’s boss. If the investigator is not cooperative or SP2HP does not also come out, you can report your complaints to the investigator’s direct superiors, such as the Head of the Criminal Investigation Unit (Kasat Reskrim) at the Polres level or Director of Criminal Investigation (Dir Reskrim) at the Regional Police level.
6. Ask for legal assistance. If you have difficulty dealing with bureaucracy or feel not to get justice, consider seeking help from lawyers or legal aid institutions (LBH). They can help you in compiling a letter, accompanying my friend, and encouraging the legal process.
7. Submit protection to LPSK (if a victim of a victim or witness is threatened). If you experience threats or pressure due to reporting, submit a request for protection to LPSK (Witness and Victim Protection Institute).
8. Report to the Ombudsman of the Republic of Indonesia. The Indonesian Ombudsman is a state institution that oversees the implementation of public services, including police services. Friend can submit complaints if you feel your right is not fulfilled or there is a maladministration.

Also read: Practical Guide to How to Check the Development of Police Reports

Official Complaints Pathway that can be reached

If the steps above have not produced results and you feel that the police report is not followed up properly, you can take the official complaint path:

1. Propam Polri. The Polri Professional and Security Division (Propam) is a unit in the police in charge of overseeing the performance and behavior of members of the National Police. You can report alleged violations of the code of ethics or discipline if there are indications of negligence in handling your reports. Complaints can be done directly to the nearest Propam office or through the official National Police website.
2. Kompolnas (National Police Commission). Kompolnas is a non-structural institution whose job is to provide advice and consideration to the president regarding the performance of the National Police, including supervision. You can submit complaints to Kompolnas if there are complaints regarding police services.
3. The Ombudsman of the Republic of Indonesia, namely state institutions in charge of overseeing the implementation of public services, including by police institutions. If you feel that there is a maladministration in handling your report on the Ombudsman can be a complaint channel.
4. Other institutions. Sometimes, certain cases can also be reported to the National Human Rights Commission if there are allegations of human rights violations, or legal aid institutions (LBH) to get assistance.

Also read: Practical Guide to How to Unplug the Police Report Effectively

Can it demand if the police are negligent?

If the police report is not followed up and you objected, you can submit a pretrial application to the Chairperson of the local District Court.

This has been regulated in the provisions of Article 80 of the Criminal Event Law (“Criminal Procedure Code”), which states that:

“Requests to examine whether or not a termination of investigation or prosecution can be submitted by the investigator or public prosecutor or third party with an interest in the Chair of the District Court by mentioning the reason. “

Decision of the Constitutional Court Number 98/PUU-X/2012 then emphasized that the phrase “Third Party interested” referred to including witnesses of victims or reporters, non-governmental organizations, or social organizations.

Before there was a termination of the investigation informed by the investigator to you as a reporter through SP2HP, so as long as you could not apply for a pretrial. So, the pretrial application can be submitted when the investigation process has been completely stopped.

Also read: How to Report Criminal Acts to the Police and The Cost

Tips for your police report to be processed faster

To minimize the possibility of police reports not followed up, follow the following tips:

1. Create a clear and detailed report. Include chronology of coherent events, time, location, reported identity (if known), and eyewitnesses.
2. Include supporting evidence. Attach initial evidence such as photos, videos, voice recordings, conversation screenshots, documents, or other relevant evidence. The more complete the evidence, the easier the police will follow up.
3. Stay active asking. Do not hesitate to occasionally contact the investigator who handles your case to ask for developments. However, do it politely and not annoying.
4. Record important information. Store carefully the proof of report, the name of the investigator, the contact number, as well as every communication or update that you receive.
5. Don’t bribe. Offering bribes or gratification is an act of violating the law and can worsen the position of my friend. Entrust the applicable procedures.
6. Consider legal assistance. If your case is complicated or you find it difficult to face your own legal process, consider accompanied by a lawyer or legal aid institution.

Also read: How to Report Missing Person to the Police

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Also read: Don’t just make fake reports to the police!

(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code;
2. Criminal Procedure Code;
3. Republic of Indonesia National Police Regulation Number 7 of 2022 concerning Professional Code of Ethics and Commission on the Indonesian National Police Code of Ethics;
4. Regulation of the Head of the Republic of Indonesia National Police Number 6 of 2019 concerning Investigation of Crimes.