Execution of court decisions in a criminal case

The execution of court decisions is a crucial stage in criminal law. Without effective execution, justice is not realized. This article discusses the understanding of the execution of court decisions, as well as legal basis, authorities, procedures, and challenges of criminal execution in Indonesia.

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Understanding of the execution of court decisions

The execution of a criminal court decision is the implementation of orders or ruling of judges who have permanent legal force (INKINSTE) In a criminal case. In other words, if a defendant has been found guilty and sentenced to the court, then the state must execute the sentence in accordance with the decision.

Execution is the final stage of the criminal justice system (Criminal justice system), namely after the court stage is complete.

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Legal Basis for Execution of Criminal Decisions in Indonesia

The following are some of the main legal basis governing the execution of criminal decisions in Indonesia.

1. Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP).
2. Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia.
3. Regulation of the Attorney General of the Republic of Indonesia No. Per-036/A/JA/09/2011 concerning Standard Operating Procedures (SOP) Handling Cases of General Crimes.
4. Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code).

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The authorities carry out the execution

In the Indonesian criminal justice system, the implementation of criminal decisions is carried out by several parties in accordance with their respective legal authority. Some of them are:

1. Public Prosecutor (Prosecutor): Playing a role in carrying out criminal executions such as prison, fines, deprivation of evidence, etc. Also submitting requests to other related institutions such as prison and the police if the execution requires coordination.
2. Police: Play a role in guarding the execution, including the execution of the death punishment, the emptying of the house, or the re -arrest of the defendant who fled before being executed.
3. Penitentiary (Lapas) / State Detention House (Rutan): Playing a role to receive prisoners based on the execution letter from the prosecutor and carry out guidance to prisoners.

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Types of executions in criminal cases

The following are the types of executions in criminal cases:

1. Principal Criminal Execution
   1. Execution of imprisonment, namely prisoners placed in prison.
   2. The execution of the death penalty, which is carried out by a firing team under supervision. This execution is carried out not in public places, as regulated in Article 271 of the Criminal Procedure Code.
   3. Criminal execution of fines, namely the implementation of the payment of fines imposed by the court. If it is not paid, it can be replaced with a substitute prison.
2. Additional criminal execution
   1. The grabbing of certain items, which is carried out on the proceeds of crime, weapons, corruption money, etc. Furthermore, it will be auctioned or destroyed by the state.
   2. Revocation of certain rights, namely such as the implementation of public office rights. Carried out with notice to relevant agencies such as staffing institutions so that the convicted person cannot take place again.
3. Special additional criminal execution

Related to certain criminal, carried out by:

1. Announcement of judges’ decisions in the media, especially for corporate crimes or violations of the code of ethics.
2. Dissolution of legal entities if the corporation is found guilty.
3. Execution of evidence

This can be done by being returned to those who are entitled, destroyed, or seized for the state.

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Procedures and stages of execution of criminal decisions

The implementation of criminal decisions can only be carried out after the decision has a permanent legal force (increase), except in terms of temporary execution. The stages are as follows:

1. A permanent legal decision (increase).

The verdict is considered increase If not submitted for legal remedies (appeal, cassation) submitted after the verdict is pronounced or notified to the parties who are litigating within the specified period.

2. Sending a copy of the decision to the prosecutor’s office.

The court clerk sent a copy of the decision to the prosecutor’s office (according to jurisdiction) for execution.

3. Determination of execution by the prosecutor.

The prosecutor made a warrant for the Implementation of the Court Decision (SP3P) which was accompanied by documents such as a copy of the decision, minutes of the decision, a brief report of the verdict.

4. Technical coordination if needed.

This is done for capital punishment, emptying of places, or deprivation of assets. The prosecutor will coordinate with the police, prisons, or related agencies.

5. Execution implementation.

Carried out according to the type of criminal.

6. Making Minutes of Execution.

The prosecutor made the minutes of the execution as an official document of implementation. This document will later be submitted to the court and stored as the prosecutor’s archive.

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Obstacles that can occur in the execution of the decision

There are several obstacles in the implementation of criminal executions, including:

1. The verdict is not yet permanent legal force, so the execution process is delayed.
2. The convict escaped or was unknown.
3. The convicted showed an uncooperative attitude, some convicts rejected the execution such as rejecting the payment of fines, causing a commotion or requiring additional forced efforts from the authorized official.
4. Technical and administrative issues, such as old bureaucratic constraints or incomplete documents are also the unpreparedness of prisons because more capacity.
5. The absence of evidence or the object of execution, this can happen when the evidence has been transferred or not found, or the obscurity of who is entitled to the item.
6. Lack of coordination between institutions, thus slowing down and even frustrating execution.
7. Political interference and public pressure, for example the execution of capital punishment against Indonesian citizens (WNI) who are abroad who are delayed due to diplomatic intervention.
8. Legislation provisions that have not been harmonious.

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

Legal basis

1. Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP)
2. Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia
3. Regulation of the Attorney General of the Republic of Indonesia No. Per-036/A/JA/09/2011 concerning Standard Operating Procedures (SOP) Handling Cases of General Crimes
4. Law No. 1 of 2023 concerning the Criminal Code (KUHP Baru)

Reference

1. Allan Supit, “Implementation of Criminal Case Decisions that have permanent legal force according to the Criminal Procedure Code”, Private Law JournalVol. IV, No. 7, (2016): p. 117-123.
2. Fiona Peafi, “Implementation of Court Decisions in Criminal Cases Based on the Criminal Procedure Code”, Lex Crimen JournalVol. VI, No. 3, (2017): p. 86-93.