Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)
Previously, the Hukumindo.com platform has discussed about "First Legal Aid When a Foreigners Arrested By The Police", and on this valuable occasion will be discussed about 'How to Open a Police Report in Indonesia?'
As mentioned in the previous article, when you are abroad, one of the things that is different is the law where you live. And when you are abroad, bad luck can happen to anyone, including being a criminal actor because of your ignorance (or other reasons) or even being a victim of a crime committed by someone else against you. In this article, we will discuss, by law, the occasion when you become a victim of crime in Indonesia. More specifically, this article will discuss the legal remedies that a foreign citizen can take while in Indonesia to report a crime that has occurred to him/her at the relevant Police Office.
Various Examples of Criminal Acts
Crime can happen to anyone and anywhere. Indonesia is no exception, the victim can be anyone, including foreign nationals currently in Indonesia. This article is not meant to scare you, on the contrary, it intends to help you when you are in this country to get the right information when a crime happens to you.
Some common crimes that may happen to you include theft, fraud and embezzlement. Article 362 of the Criminal Code (KUHP) stipulates that "Anyone who takes an item, which wholly or partly belongs to another person, with the intention of possessing the item against the right, shall be punished for theft, with a maximum imprisonment of 5 years or a maximum fine of Rp. 900,-".
Article 378 of the Criminal Code ("KUHP") regulates the crime of fraud as follows: "Anyone with the intention of unlawfully benefiting himself or another person by using a false name or false dignity (hoedaningheid); by deceit, or a series of lies, inducing another person to hand over something to him, or to give a debt or write off a debt, is threatened, for fraud, with a maximum imprisonment of four years".
Article 372 of the Criminal Code ("KUHP") regulates the crime of embezzlement as follows: "Anyone who knowingly owns against the rights of an item which wholly or partly belongs to another person and the item is in his hands not because of a crime, shall be punished for embezzlement, with a maximum imprisonment of four years or a maximum fine of Rp. 900,-".
Many other crimes are regulated by different laws. Note that criminal acts regulated by each law in Indonesia are included in legal terms, so they must meet the elements contained therein. Of course this is not easy for most ordinary people. Discuss this topic with your legal advisor so that the Police Report that you are about to open leads to a clearer direction of the specific criminal term.
Governing Law on Police Reports
Article 1 Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP") provides a definition of the Report as follows: "Report is a notification submitted by a person who, because of his rights or obligations under the law, to an authorized official regarding, has or is currently or is suspected of having a criminal event." Those who have the right to submit reports are people who have experienced, seen, witnessed or become victims of events that constitute criminal acts, either orally or in writing.
In relation to this article, then your position as a foreigner who is in Indonesia is as a victim of a crime committed by someone else against you. Procedural law (Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP")) in Indonesia protects you by providing you with the right to report a crime you have experienced to the relevant Police institution. Regarding how to open a Police report at the relevant Police Station, I suggest you continue reading this article to the end.
How to Open a Police Report ("LP") in Indonesia?
As a guide, here's how to open a criminal report according to the author's practical experience:
- Come to the relevant Police Station;
- Come to the Integrated Police Service Center (SPKT);
- Tell the chronology of the crime that you experienced to the Police officers;
- If the incident you experience is a criminal act, the Police officer will give you a report sign, if it is not a criminal act, the Police officer will not give you a report sign.
Complete your report with your self identity, witnesses and supporting evidence related to the crime you experienced. If you intend to send us an e-mail, please read this article first: "How To Report Online Scammer Or Fraud To The Police In Indonesia" you may need also to read "What's The Difference Between Police Report and Public Complaint?", "The Example of Official Police Report Receipt in Indonesia". And if you have any difficulties to open a Police Report in Indonesia, contact us, feel free in 24 hours, we will be glad to help you.
*) For further information please contact:
Mahmud Kusuma Advocate
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta,
Jakarta - Indonesia.
1. Criminal Code ("KUHP");
2. Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP");