STAGES OF REHABILITATION IN APPLICABLE PROCEDURAL LAW

 In Pidana

“Rehabilitation is a person’s right to have his/her rights restored in terms of capacity, position, honor and dignity given at investigation, prosecution or trial stage because he/she has been arrested, detained, prosecuted or charged for no lawful reason, or because there is mistake of the person or the law applied.”

In a discussion we have conducted, some have asked, “What are the stages to get rehabilitation in Law?” This question shows that right now, not everyone can understand what does rehabilitation mean. In addition, its process and what steps should be done for someone to get rehabilitation in a legal event.

Beforehand, we have to refer to the definition of rehabilitation, as regulated in Law No. 8 of 1981 on Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/KUHAP), particularly in Article 1 number 23 defines rehabilitation as:

“The right of a person to get his/her right restored in terms of capacity, position, honor and dignity given at investigation, prosecution or trial stage because he/she has been arrested, detained, prosecuted or charged for no lawful reason, or because there is mistake of the person or the applicable law, in the manner which is governed in this Law.”

Furthermore, the provision concerning rehabilitation is found in Article 97 of Code of Criminal Procedure which states:

  1. A person is entitled to get rehabilitation if the Court has decided to acquit or absolve him/her of all legal charges, the verdict of which has already acquired permanent legal force;
  2. Aforesaid rehabilitation shall be granted and mentioned at the same time in the court’s verdict as intended in paragraph (1);
  3. The request for rehabilitation by the suspect for his/her arrest or detention without lawful reason or because of a mistake regarding the person or the law applied as intended in Article 95 paragraph (1) whose case has not been submitted to the court shall be decided by the pretrial judge as intended in Article 77.

From the provision above, it appears the person can request for rehabilitation even if the case has been submitted to the court, as mentioned in Article 97 paragraph (1) that if the Court has decided to acquit or absolve him/her of all legal charges, he/she shall be entitled to get rehabilitation. This means that rehabilitation is granted by the court’s decision.

On the other hand, for a person whose the case which has not been submitted to the court, is it possible for him/her to get rehabilitation? It is possible. In this case, if the suspect has been arrested or detained without lawful reason or there is a mistake regarding the person or the law applied (Article 97 paragraph (3) Code of Criminal Procedure), the request for rehabilitation shall be filed to and decided by the pretrial judge.

The stages of rehabilitation examination in Article 97 of Code of Criminal Procedure are also regulated in Article 12 to 15 of Government Regulation No. 27 of 1983 on Implementation of Code of Criminal Procedure (PP No. 27/1983):

  1. Rehabilitation which is granted by the court for a person whom has been acquited or absolved of all legal charges shall be mentioned in the court’s verdict. The judge, in ex officio, mentioned that he/she is entitled to get rehabilitation and its terms, unless the judge, with the proper consideration, may include it (Article 97 paragraph (1) and (2) of Code of Criminal Procedure).
  2. In case of the request of rehabilitation due to the arrest and detention without lawful reasons or there is mistake regarding the person or the law applied, the request shall be filed by the suspect, its family or proxy to the competent court no later than 14 days after notification of the court’s verdict on validity of his/her arrest or detention (Article 12 PP No. 27/1983).
  3. The excerpt of pretrial decision concerning rehabilitation is given by the court clerk to the applicant. Its copy is given to the investigator and prosecutor who handle the case. Its copy is also given to the applicant’s working place and the Chairman of the Rukun Warga (RW) of his/her domicile. (Article 13 PP No. 27/1983).

In addition, the court’s verdict concerning rehabilitation reads: “Restoring the right of the accused in terms of his/her capacity, position, honor, and dignity.” It is the same with the pretrial court’s verdict concerning rehabilitation: “Restoring the right of the accused in terms of his/her capacity, position, honor, and dignity.”

Article 15 PP No. 27/1983 also regulates that the court’s verdict concerning rehabilitation shall be announced by the court clerk by posting it on the notice boards.

We hope this article is useful.

BP Lawyers can assist you

BP Lawyers can assist you in providing the best solution for yout request for rehabilitation. You can contact us via bpl@smartlegal.id or +62821-1234-1235

 

Author :
Iskandar D.P., S.H.

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