Frequently Known as Part of The Trial Process: Moment of Defense (Pledoi)

ADCO Law

Pledoi is a term that is often heard during the trial. Pursuant to Article 51 letter b of the Criminal Procedure Code (“KUHAP”), defendants who are charged guilty still remain individuals with dignity and values so that their rights must be protected, one of which is to defend and preserve from all charges or accusations that are leveled against themselves. This is well known as Pledoi. Pledoi is very important because it is one of the things considered to help lighten the sentence, or even acquit a defendant from all charges and accusations.

A. The Definition of Pledoi

Pledoi is the right of defendants to defend themselves from the accusations of the Public Prosecutor. The rights of the defendant in the examination process in court are based on the principle of “presumption of innocence”, which means that everyone who is suspected, prosecuted and indicted or brought before a court must be presumed innocent before a court decision is made. 

The above is regulated and guaranteed by Article 182 paragraph (1) of the KUHAP, as follows:

1. after the examination is declared complete, the public prosecutor submits a criminal charge.
2. Furthermore, the defendant and/or legal advisor shall present their defense, which can be answered by the public prosecutor, provided that the defendant and/or legal advisor always get the last turn.
3. The demands, defenses and answers to the accusations are made in writing and after being read out, they are immediately submitted to the presiding judge of the session and their derivatives, and to the parties concerned.

A pledoi is a statement, which can be both oral or written, delivered by the defendant and his legal adviser in relation to the accusation of the public prosecutor. The defense or pledoi can be answered by the public prosecutor, which is called duplicity (“Duplik”). A defense is basically carried out by the defendant by refusing, denying and resisting before the trial.

B. The Importance of Pledoi 

The right of a criminal defendant to obtain a legal defense is fundamental. This is guaranteed by law and the state that this fundamental right will always be attached in the case of filing a legal defense that he/she does themselves, or through his/her legal adviser. R. Soesilo in M. Yahya Harahap’s book “Discussion of Problems and Application of the Criminal Procedure Code” said that “the purpose of the criminal procedure law is in essence to seek the truth. Law enforcers ranging from police, prosecutors to judges must always investigate, prosecute and adjudicate cases based on the truth or things that really happened.”

In addition, this defense is clearly based on the principle of presumption of innocence, which means that every person who is suspected, prosecuted and charged or brought before a court must be presumed innocent before a court decision declares him/her guilty with permanent legal force.

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Therefore, it is important for legal advisers, who have extraordinary responsibilities with the knowledge they have, to defend the rights of the defendant. The right to obtain legal assistance from a legal adviser is guaranteed as per Article 54 of the KUHAP. The principle of “presumption of innocence” provides the basis for a legal adviser to be legally able to state that a defendant cannot be declared guilty by a judge’s decision. Under the principle of presumption of innocence, the Defendant must be placed in the position of a human being whose dignity is assessed as a subject, not as an object. So, the defense of the legal adviser for the defendant is very important considering the risks that will be faced when the defendant cannot defend himself.

C. Conclusion 

In principle, the Criminal Law in Indonesia and its law enforcers provide an opportunity for the defendant to defend himself, the defense of which is carried out by presenting defendant’s witnesses, Alibi (information that he was in a place other than the place of the incident on the date and time accused) and Oath. After the defense or pledoi is made by the defendant, the court re-considers the accusation against the defendant in accordance with the actual legal facts. Then, the court decides whether the defendant is guilty or not.

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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.