Pretrial review under the new KUHAP: what changes when an investigation is wrongly stopped

For many complainants, the most frustrating moment in a criminal matter is not a lost trial but an investigation that simply stops. A police report is filed, examinations take place, and then a letter arrives: the investigation has been terminated (SP3). Indonesia’s new Code of Criminal Procedure — Law No. 20 of 2025 (the new KUHAP), in force since 2 January 2026 and replacing Law No. 8 of 1981 — changes how that decision can be challenged.

What can now be brought to pretrial review

Pretrial review (praperadilan) remains the District Court’s mechanism for testing the lawfulness of actions taken during investigation and prosecution. Under the new KUHAP, its scope is wider. Article 158 covers, among other things:

• the lawfulness of coercive measures (upaya paksa), such as arrest, detention and seizure;
• the lawfulness of the termination of an investigation or of a prosecution;
• undue delay in handling a case; and
• the seizure of property that is unrelated to the alleged offence.

Who may challenge a termination

The new KUHAP is explicit that the victim, the reporting party, or their counsel may petition for review of a decision to stop an investigation or a prosecution. Investigators and public prosecutors no longer bring these petitions against one another, as they could under the old Code. The review is now squarely a protection for the people the investigation was meant to serve.

On what grounds can an investigation be stopped

Article 24(2) sets out the grounds on which an investigation may be terminated — ten in total — including insufficient evidence, that the act is not a criminal offence, that the right to prosecute has lapsed, and that the same matter has already been decided with final and binding effect. A termination that does not rest on one of the statutory grounds, or that misapplies one, is open to challenge.

What happens if the court finds the termination unlawful

If the court holds that the termination was not lawful, the investigation (or prosecution) must be resumed. The decision restores the case to the stage it was stopped at; it does not decide guilt.

The new Code also protects the integrity of the review itself: while a pretrial review is still being examined, the principal case cannot proceed to examination in court (Article 163(1)(e)).

Practical points for complainants

1. Keep the file. Ask for, and keep, every document you receive: the police report receipt, examination records you signed, progress notices (SP2HP), and the termination letter with its stated reason.
2. Read the stated ground carefully. The petition will turn on whether the ground relied on is one recognised by Article 24(2), and whether the facts support it.
3. Act promptly. Evidence and witnesses become harder to secure over time.
4. Think beyond the criminal case. Many terminated investigations arise from business, land or family disputes that also have civil or commercial dimensions. A position taken in one forum can affect another, so the strategy should be set across all of them.

Need help?

We act for complainants and for those reported or investigated, including in pretrial review. If an investigation into your report has been stopped, we can assess whether the termination can be challenged.