Penyidik

Penyidik, in the Indonesian legal system, refers to a person authorized to conduct penyidikan (the investigative phase) of suspected crimes. The term describes investigators who gather evidence, question witnesses, and perform other actions to uncover facts relevant to a case. Penyidik can come from different institutions, most commonly the police and the prosecutor’s office, but other designated agencies may also appoint their own penyidik.

The legal basis for penyidik is found in the Indonesian Criminal Procedure Code (KUHAP). The penyidikan process includes collecting and securing evidence, conducting questioning and examinations, requesting warrants, and performing actions such as arrest, detention, and search and seizure to establish the facts of a case. The findings are recorded in formal documents, including berita acara penyidikan (investigation records) and the berkas perkara (case file), which are then forwarded to the public prosecutor for further decision-making, such as whether to bring charges to court.

Penyidik operate under strict procedural and constitutional safeguards to protect the rights of suspects and witnesses. They must adhere to due process, obtain necessary warrants for intrusive actions, and act under the supervision of the prosecutorial authority. The role is distinct from but complementary to that of prosecutors, whose primary function is to decide on charges and prosecute in court. In practice, penyidik may be police officers, jaksa penyidik (investigators within the prosecutor’s office), or investigators appointed by agencies such as the KPK, all operating within the framework of KUHAP and relevant sectoral laws.

After the investigation concludes, the case file is handed to the prosecutor to determine whether to indict and proceed to trial.