Kendari (ANTARA) \u2013 The Supreme Court (MA) has issued a number of\nSupreme Court Circulars (SEMA) as technical guidance for judges at the\njudex facti level, to oversee the transition period and ensure legal\ncertainty in implementing the new Criminal Code (KUHP) and Criminal\nProcedure Code (KUHAP).<\/p>\n
Supreme Court Deputy Chief Justice for Non-Judicial Affairs Dwiarso\nBudi Santiarto said in Kendari on Tuesday that the circulars were a\nresponsive measure to provide clear direction to lower courts, given the\nmany new policies and legal provisions that differ significantly from\nthe previous rules.<\/p>\n
\u201cPolicies during this transition period require direction and\nregulation from the Supreme Court for judges at the judex facti level\n[the term for panels of judges in courts of first instance and appeal].\nThis is because many of the new rules differ greatly from our previous\nCriminal Code and Criminal Procedure Code,\u201d Dwiarso said during a\nmeeting with law-enforcement officials in Kendari, South-east\nSulawesi.<\/p>\n
Dwiarso said the guidance comprises Supreme Court Circulars Nos 1 to\n4 of 2026 and Supreme Court Regulation No 3 of 2026. The rules cover\nseveral key areas, including guidance on implementing the Criminal Code,\nprocedures for filing cassation appeals, the handling of pre-trial\ncases, and legal remedies against acquittals.<\/p>\n
Under the transitional rules, the Supreme Court has set 2 January\n2026 as the dividing line for the application of procedural law. Cases\nin which the suspect\u2019s identity examination took place before that date\nwill continue to use the former Criminal Procedure Code (Law No 8 of\n1981).<\/p>\n
\u201cHowever, if the suspect\u2019s identity examination is carried out on or\nafter 2 January 2026, the new Criminal Procedure Code must be used,\u201d he\nsaid.<\/p>\n
He said one of the key points in the new circulars is confirmation\nthat acquittals (vrijspraak) can no longer be appealed or taken to\ncassation. The rule is intended to end the practice of courts continuing\nto accept cassation applications against acquittals, which had arisen\nbecause of differing interpretations.<\/p>\n
The Supreme Court has also revised the procedures for handling\npre-trial applications to close legal loopholes that have often led to\ndelays in the main case.<\/p>\n
\u201cIf a pre-trial application is registered before the main case is\nreferred to court, proceedings on the main case at the district court\nmust be suspended until a pre-trial decision is issued. However, if the\nmain case has already gone to trial, a subsequent pre-trial application\nwill not halt the main proceedings,\u201d he explained.<\/p>\n
To ensure transparency and accurate calculation of the time limits\nfor filing legal remedies, the Supreme Court has also required appellate\ncourts to upload extracts of their decisions to the Case Tracking\nInformation System (SIPP) on the same day the decisions are\ndelivered.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/supreme-court-issues-circulars-guiding-implementation-of-new-criminal-codes-1791896012", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }