Article 34 of the Criminal Procedure Code
Article 34 of the Indonesian Criminal Procedure Code (KUHAP) provides:
- In providing explanations or statements during the investigation stage, the suspect shall be informed of his or her rights.
- The investigator shall accurately record the suspect’s statement in accordance with what is stated during the examination, and such statement shall be incorporated into the official record of examination.
- Where the suspect’s statement is not given in the Indonesian language, the investigator shall appoint an interpreter to translate the suspect’s statement.
- The suspect’s statement referred to in paragraph (3) shall be signed by the interpreter and attached to the case file.
- Where the suspect is a person with a disability, the investigator shall facilitate access to special support services, including but not limited to interpreters and assistants appropriate to the nature of the suspect’s disability.
Explanation of Article 34 of the Criminal Procedure Code
Article 34 of the Indonesian Criminal Procedure Code (KUHAP) governs the protection of a suspect’s fundamental rights during the investigation stage. The provision is intended to ensure that any statement given by a suspect to an investigator is obtained lawfully, voluntarily, and in a manner that is legally accountable.
Paragraph (1) requires investigators to inform suspects of their rights before any examination is conducted. This provision reflects the principle of the right to defence (recht van verdediging) and the right to be informed of one’s legal rights. Such notification is essential to ensure that suspects understand their legal position and do not provide statements without being aware of the rights available to them under the law.
Paragraph (2) requires investigators to accurately record every statement made by the suspect during the examination. In Dutch legal terminology, this obligation is closely associated with the principle of waarheidsvinding, or the search for material truth (search for material truth). The Record of Examination (Berita Acara Pemeriksaan or BAP) must accurately reflect the suspect’s actual statements without alteration, addition, or omission.
Paragraphs (3) and (4) regulate the suspect’s right to the assistance of an interpreter where the suspect does not understand or is unable to use the Indonesian language. These provisions embody the principles of taalgelijkheid (linguistic equality) and the right to interpretation and translation, both of which are recognised in various international human rights instruments. The interpreter serves to ensure effective communication between the investigator and the suspect, thereby preventing misunderstandings that could adversely affect the suspect’s legal rights.
Paragraph (5) provides special protection for suspects with disabilities. Investigators are required to provide accessibility measures and support services tailored to the nature of the suspect’s disability, including sign-language interpreters, personal assistants, and other forms of reasonable accommodation. This provision reflects the principles of reasonable accommodation and equality before the law, ensuring that all individuals enjoy equal legal protection without discrimination.
Accordingly, Article 34 of KUHAP regulates not only the procedural aspects of criminal investigations but also serves as an important instrument for the protection of human rights within the criminal justice process (criminal due process protection).
Illustrative Cases
Case 1: Foreign National Suspect
A Japanese national is designated as a suspect in a fraud investigation in Indonesia. Because the suspect does not understand Indonesian, the investigator is required to appoint a qualified interpreter throughout the examination process. If the examination proceeds without an interpreter and the suspect signs a Record of Examination that he or she does not understand, the validity of that statement may subsequently be challenged before the court.
Case 2: Deaf Suspect with a Disability
A suspect with a hearing impairment is examined in connection with an embezzlement case. The investigator is obliged to provide a sign-language interpreter to ensure effective communication. Failure to provide such assistance may compromise the suspect’s right to provide statements freely and accurately.
Case 3: Alteration of Statements in the Record of Examination
A suspect states during questioning that he was at a different location when the alleged offence occurred. However, the investigator records a different version of events in the Record of Examination. Such conduct would violate Article 34 paragraph (2) of KUHAP because the official record must accurately reflect the suspect’s actual statements.
Case 4: Failure to Inform the Suspect of Legal Rights
Before the examination begins, a suspect is not informed of the right to be assisted by legal counsel. During the trial, defence counsel raises an objection on the grounds that the examination was conducted without compliance with the suspect’s procedural rights as required by criminal procedural law.
Related Legal Principles
1. The Principle of Due Process of Law
All actions taken by law enforcement authorities must be conducted in accordance with lawful procedures and with due respect for individual rights. Examining a suspect without informing him or her of legal rights, or without providing an interpreter where necessary, may constitute a violation of this principle.
2. The Principle of Equality Before the Law
Every person is entitled to equal treatment before the law regardless of nationality, language, physical condition, or disability.
3. The Principle of a Fair Trial
A suspect is entitled to a fair legal process from the investigation stage through to the final judgment. The rights to interpretation and disability accommodation form an integral part of this principle.
4. The Principle of Non-Discrimination
No suspect may be subjected to discriminatory treatment on the basis of language barriers, physical limitations, or disability.
5. The Principle of Human Rights Protection
The rights of suspects constitute fundamental human rights that must be respected and protected by the state throughout every stage of the criminal justice process.
6. The Principle of Material Truth (Waarheidsvinding)
The purpose of a criminal investigation is to discover the truth of the matter. Accordingly, a suspect’s statements must be recorded fully, honestly, and accurately.
7. The Right to Defence (Recht van Verdediging)
Every suspect has the right to understand the allegations against him or her, to be informed of legal rights, and to provide statements freely, without coercion, and with the assistance necessary to ensure effective participation in the proceedings.
Conclusion
Article 34 of KUHAP represents a fundamental safeguard of a suspect’s procedural rights during the investigation stage. The provision imposes obligations upon investigators to inform suspects of their rights, accurately record their statements, provide interpreters where the Indonesian language is not understood, and ensure appropriate accommodations for persons with disabilities.
These requirements are firmly rooted in the principles of due process of law, fair trial, equality before the law, and waarheidsvinding, all of which constitute essential foundations of a fair, humane, and rights-based criminal justice system.
