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Arrest Affidavit for Indonesia

Arrest Affidavit Template for Indonesia

An official sworn statement document used in the Indonesian criminal justice system, prepared by law enforcement officers to formally document the circumstances, legal basis, and details of an arrest. The document must comply with Indonesian Criminal Procedure Code (KUHAP) requirements and serves as a crucial element in the criminal justice process, providing a detailed account of the arrest including officer information, suspect details, probable cause, and adherence to legal procedures. It forms part of the official court record and must be prepared in accordance with Indonesian law enforcement protocols and constitutional protections.

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Arrest Affidavit

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What is a Arrest Affidavit?

The Arrest Affidavit is a critical legal document within Indonesia's criminal justice system, required whenever a law enforcement officer makes an arrest. This document serves as the official record of the arrest and must be completed in accordance with the Indonesian Criminal Procedure Code (KUHAP) and related regulations. The affidavit includes essential information about the arrest circumstances, officer identification, suspect details, probable cause, and confirmation of legal procedures followed. It plays a vital role in ensuring the legality and proper documentation of arrests, protecting both law enforcement officers and suspects' rights, and serving as a fundamental document for subsequent legal proceedings. The Arrest Affidavit must be prepared with precision and completeness, as it may be scrutinized by various parties including prosecutors, defense attorneys, and judges throughout the criminal justice process.

What sections should be included in a Arrest Affidavit?

1. Officer Information: Identifying information of the arresting officer(s), including name, rank, ID number, and assignment unit

2. Date, Time, and Location: Specific details about when and where the arrest took place

3. Suspect Information: Complete identification details of the arrested person, including full name, ID number, address, and physical description

4. Probable Cause Statement: Detailed description of the facts and circumstances that provided probable cause for the arrest

5. Criminal Offense Details: Specific citation of the laws allegedly violated and description of the criminal offense

6. Arrest Procedure Details: Description of how the arrest was conducted and confirmation of compliance with legal procedures

7. Rights Notification: Confirmation that the suspect was informed of their legal rights under Indonesian law

8. Property/Evidence: List of any property seized or evidence collected during the arrest

9. Verification: Officer's sworn statement and signature, with date and location of signing

What sections are optional to include in a Arrest Affidavit?

1. Witness Information: Details of witnesses present during the arrest, used when witnesses were present and relevant to the arrest circumstances

2. Use of Force Statement: Detailed description of any force used during the arrest, required when any level of force was necessary

3. Medical Attention: Documentation of any medical treatment provided or refused, required when injuries or medical issues are present

4. Interpreter Details: Information about interpreter services if used during the arrest, required when language barriers exist

5. Minor/Guardian Information: Additional details required when the suspect is a minor, including guardian notification

6. Special Circumstances: Documentation of any unusual circumstances or special procedures followed during the arrest

What schedules should be included in a Arrest Affidavit?

1. Photograph Log: List and copies of photographs taken during the arrest

2. Evidence Inventory: Detailed inventory of all items seized during the arrest

3. Rights Notification Form: Copy of the signed rights notification in suspect's language

4. Medical Report: Any medical examination reports or treatment records if applicable

5. Related Warrants: Copies of arrest warrants or other relevant court orders

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Document Type

Affidavit

Cost

Free to use
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Relevant Industries

Law Enforcement

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Police Officer

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