Indonesian Journal of Criminal Law Studies
Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)

Juridical Analysis of Prosecutor's Error in Adding Articles to the Indictment

Joko Susanto (Doctoral Study Program in Legal Sciences, Faculty of Law, Universitas Negeri Semarang)
Falikha Ardiyani Zjubaidi (Class I Semarang Correctional Institution)
Ignatius Henri Pelupessy (STMIK HIMSYA Semarang Information and Computer Management College)
Mudassar Ali Mughal (Young Lawyers Association Pakistan)



Article Info

Publish Date
05 Nov 2025

Abstract

This research investigates the procedural legality and judicial consequences of the Public Prosecutor's (JPU) error in adding paragraph norms to the indictment, with a focus on Decision No. 8/Pid.B/2025/PN Smg. In the Indonesian criminal justice system, the indictment serves as the legal basis for the court’s decision. Errors in drafting the indictment can violate the rights of the accused and undermine the integrity of the legal system. In this case, the original charges referred to Articles 263(1), 264(1), and 266(1) of the Criminal Code. However, in the second indictment, the prosecutor added a paragraph stating that the defendant committed forgery of an authentic deed under Article 264(1), although this provision was not included in the original indictment. This study focuses on normative juridical research, also known as library or document study, which relies primarily on secondary data available in libraries. The study adopts a qualitative approach. The research found that the prosecutor's error was caused by a lack of understanding of legal provisions, external pressures, and tight deadlines in preparing the indictment. The addition of the paragraph created legal uncertainty, which could potentially erode public confidence in the justice system. Based on these findings, this research recommends continuous legal training for prosecutors, strengthening oversight mechanisms in the prosecution process, and imposing sanctions for negligence to improve the quality of prosecution, protect defendants' rights, and maintain the integrity of Indonesia's criminal justice system.

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Journal Info

Abbrev

ijcls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Indonesian Journal of Criminal Law Studies (IJCLS) is a peer-reviewed scientific journal that primarily focuses on comparative criminal law. The journal serves as a platform for scholarly discourse and critical analysis of criminal law systems across different ...