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Criminal Law Expert: Roy Suryo's Pretrial Hearing Follows Old Criminal Procedure Code

Criminal Law Expert: Roy Suryo's Pretrial Hearing Follows Old Criminal Procedure Code

Criminal and procedural law expert Didit Wijayanto Wijaya was presented as an expert witness in Roy Suryo's pretrial hearing at the South Jakarta District Court on Thursday (7/2/2026). He explained that the procedural law being used is the Criminal Procedure Code (KUHAP) No. 8 of 1981 because the investigation began before the new KUHAP came into effect on January 2, 2026. Didit emphasized that, according to the transitional provision in Article 361 letter a of the new KUHAP, cases already under investigation or prosecution are resolved using Law No. 8 of 1981. He added that pretrial hearings, as an administrative verification mechanism, also follow the same procedural law as the investigation. https://www.gelora.co/2026/07/pakar-pidana-sebut-praperadilan-roy.html

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brother
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Whoa, this is interesting. So what matters is when the investigation starts, not when the trial is. Thanks for the insight.

brother
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Transitional provisions are indeed important so that not all cases suddenly have their rules of the game changed. Hopefully it's fair for Roy Suryo.

brother
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So basically, before the new Criminal Procedure Code takes effect, all processes still use the old rules, right. Just so there’s no legal vacuum or anything.

brother
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The old Criminal Procedure Code still applies to cases already underway, so the transition doesn't get messy. Makes sense, honestly.

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