Supreme Court Issues New Pretrial Rule to Prevent Protracted Cases
In an effort to prevent alleged attempts to prolong cases, the Supreme Court (MA) has issued a new regulation on pretrial motions.
The new rule, intended to provide legal certainty, is set out in Supreme Court Circular (SEMA) Number 3 of 2026 concerning the Transfer and Conduct of Examination of the Main Case in the Event of a Pretrial Motion.
Citing the Supreme Court’s official website, the regulation was signed by Chief Justice Sunarto on Tuesday (18/8).
The circular states that as long as the pretrial process is still ongoing, the examination of the main case in court cannot be held.
“Article 163 paragraph (1) letter e of Law Number 20 of 2025 concerning the Criminal Code stipulates that as long as the examination referred to in letter c has not been completed, the examination of the main case in court cannot be conducted,” the circular states, as quoted from the document uploaded to the JDIH on the Supreme Court’s official website on Friday (20/8).
It is intended to provide legal certainty and to realise the principles of simple, speedy, and low-cost justice.
Conversely, if a pretrial motion is filed when the main case proceedings have already commenced, it must be decided with a ruling of ‘Inadmissible’.
The full contents of SEMA 3/2026 are as follows:
If a pretrial motion has been registered or is being examined at a district court, the main case may still be transferred, but the examination of the main case cannot be conducted until a pretrial ruling has been issued.
A pretrial motion filed after the main case has been transferred does not prevent the examination of the main case.
A pretrial motion filed after the main case has been transferred shall still be registered, heard, and decided with a ruling declaring the pretrial motion inadmissible.