INDONESIA EXECUTIVE SUMMARY Indonesia is a multiparty ...

INDONESIA 8
of Force Police Action policy, the INP has trained over 65,000 personnel on this
policy and has worked to integrate this policy into the INP’s overall training
program.
In 2009 the INP implemented regulations that standardized human rights
regulations in the normal course of police duties. However, impunity and
corruption remained problems.
Arrest Procedures and Treatment While in Detention
The law provides prisoners with the right to notify their families promptly and
specifies that warrants must be produced during an arrest. Exceptions are allowed
if, for example, a suspect is caught in the act of committing a crime. The law
allows investigators to issue warrants; however, at times authorities made arrests
without warrants. A defendant may challenge the legality of his arrest and
detention in a pretrial hearing and may sue for compensation if wrongfully
detained; however, defendants rarely won pretrial hearings and almost never
received compensation after being released without charge. Military and civilian
courts rarely accepted appeals based on claims of improper arrest and detention.
The law limits periods of pretrial detention. Police are permitted an initial 20-day
detention, which can be extended to 60 days by the prosecutors while the
investigation is being completed; prosecutors may detain a suspect for a further
30 days during the prosecution phase and may seek a 20-day extension from the
courts. The district and high courts may detain a defendant up to 90 days during
trial or appeal, while the Supreme Court may detain a defendant 110 days while
considering an appeal. Additionally, the court may extend detention periods up to
another 60 days at each level if a defendant faces a possible prison sentence of nine
years or longer or if the individual is certified to be mentally disturbed. During the
year authorities generally respected these limits in practice. The antiterrorism law
allows investigators to detain for up to four months before charges must be filed
any person who, based on adequate preliminary evidence, is strongly suspected of
committing or planning to commit any act of terrorism.
By law suspects or defendants have the right to legal counsel of their choice at
every stage of an investigation. Court officials will provide free legal counsel to
persons charged with offenses that carry a death penalty or imprisonment of
15 years or more, or to destitute defendants facing charges that carry a penalty of
five years or more. Suspects have the right to bail and to be notified of the charges
against them.
Country Reports on Human Rights Practices for 2011
United States Department of State • Bureau of Democracy, Human Rights and Labor