In terms of the criminal procedure, for example, the Dutch enacted two statutes to govern different parts of Indonesia.

[3][4] After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure.

However, the KUHAP does not sufficiently protect human rights and its safeguards are often ignored in practice because there are no penalties for failing to comply with the Act.

[4] In response to dissatisfaction with the formal procedures in the Act, a working group drafted a new statue to replace the KUHAP in 2000.

[6] Suspects must be released within one day of arrest[7] unless the investigator, prosecutor, or judge orders a detention.

If he decides to prosecute, he must prepare a Bill of Indictment and bring the action before an appropriate district court.

If the public prosecutor decides to cease prosecution, he must produce a written decision to be sent to suspect, investigator, and the judge.

Pre-trial proceedings are limited to examining whether the arrest and/or detention was legal and to decide whether the district court has the jurisdiction to try the case.

The court will acquit the accused if guilt has not been legally and convincingly proven or dismiss all charges if the acts do not constitute an offence.

[24] There are three grounds for appealing to the Supreme Court:[25] Judgments are final and binding at the last appellate level.

[28] A request for reconsideration of a judgment may be made when:[29] The role of judges in the Indonesian criminal justice system is to impose a proper punishment on offenders based on a sufficient means of legal proof.

[30] During the trial proceedings, the judge is obliged to ensure that the defendant or witness remains free to answer the questions posed.

[32] Based on the evidence presented, the judge can punish, acquit or dismiss the charges against the accused.

[38] In practice, the prosecutor usually presents three or more pieces of legal evidence to support the defendant's guilt.

[40] At the start of the investigations, the police will inform the suspect of his right to receive legal assistance during examination at trial.

The suspect will also receive free legal aid if he is destitute and faces imprisonment of five year or more.

[42] Once the suspect obtains legal assistance, the counsel has a right to contact him from the moment he is arrested or detained.

Indonesian courts only acc have a clear provision on the admissibility of illegally obtained evidence.

Hence, the prosecution can present evidence that was obtained through torture, ill-treatment, or contrary to any provision in the KUHAP.

Furthermore, there is no judicial avenue for an accused to seek redress if illegal evidence were presented at trial.

However, since there is a high respect for authority in Indonesia, the head judge's “suggestion” will probably persuade the accused to answer the question.