CHAPTER VI
SUSPECT AND DEFENDANT

Article 50

2) A suspect has the right to have his case submitted to court immediately by the public prosecutor.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 50

A defendant has the right to be immediately tried by a court.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 51

To prepare defense :

a. a suspect has the right to be clearly informed in a language he under¬stands about what has been presumed about him at the start of an examination ;
b. a defendant has the right to be clearly informed in a language he understands about the charge brought against him.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 52

In an examination at the level of investigation and trial, a suspect or defendant has the right to freely give information to an investigator or judge.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 53

(1) In an examination at the level of investigation and trial, a suspect or defendant has the right every time to have the assistance of an interpreter as intended in article 177.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 54

The interest of defense, a suspect or defendant has the right to get legal assistance from one or more legal advisers during the period and at every level of examination, according to the procedure determined by this law.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 55

In order to get the legal adviser as mentioned in article 54, a suspect or defendant has the right to choose his own legal adviser.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 56

(1) In case a suspect or defendant is suspected of or charged with having committed a criminal act which is liable to a death sentence or a prison term of fifteen years or more or for those who are not capable who are liable to a prison term of five years or more while they have no legal advisers of their own, the official concerned at all levels of examination in the trial process is obliged to appoint a legal adviser for them.

(2) Every legal adviser who is appointed to act as intended in section (1), shall give his assistance free of charge.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 57

(1) A suspect or defendant who is detained has the right to contact his legal adviser in accordance with the provisions of this law.

(2) A suspect or defendant of foreign nationality who is detained has the right to contact and speak with a representative of his country in facing the process of his case.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 62

(1) A suspect or defendant has the right to send letters to his legal adviser, and to receive letters from his legal adviser and relatives every time he needs them, for which purpose stationery shall be provided for the suspect or defendant.

(2) Correspondence between a suspect or defendant and his legal adviser or relatives shall not be censored by an investigator, public prosecutor, judge or state penitentiary official, except when there is enough reason to presume that the correspondence is being abused.

(3) In case a letter for a suspect or defendant is censored or examined by an investigator, public prosecutor, judge or official of a state penitentiary, the suspect or defendant shall be informed about it and then letter sent back to the sender after being marked "censored".

CHAPTER VI
SUSPECT AND DEFENDANT

Article 65

A suspect or defendant has the right to seek and submit a witness and/or a person with special expertise to provide information which is favorable to him.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 66

A suspect or defendant shall not be burdened with the duty of providing evidence.

CHAPTER VII
LEGAL ASSISTANCE

Article 69

A legal adviser has the right to contact a suspect since the moment of his arrest or detention at all levels of examination according to the procedure determined in this law.

CHAPTER VII
LEGAL ASSISTANCE

Article 70

(1) The legal adviser as intended in article 69 has the right to contact and speak with the suspect at every level of examination and at every time in the interest of his case defense.

(2) If there is proof that said legal adviser abuses his right in his discussion with the suspect, then in lire with the level of examination, the investigator, public prosecutor or prison official shall give an admonition to the legal adviser.

CHAPTER VII
LEGAL ASSISTANCE

Article 73

A legal adviser has the right to send and receive a letter from a suspect any time he wants.

Article 74

The restriction of freedom in the relationship between a legal adviser and a suspect as mentioned in article 70 section (2), section (3), section (4) and article 71 is prohibited, after the case in question has been delegated by the public prosecutor to the district court for trial, for which a copy of the letter shall be submitted to the suspect or his legal adviser and the other parties concerned in the process.

CHAPTER XVI
EXAMINATION IN A COURT SESSION

Part Three
Normal Trial Procedure

Article 168

Except when provided otherwise in this law, no testimony can be heard from and withdrawal as witness is possible for

a. a blood relative or kin to a third degree up and down a straight line of a defendant or who is equally a defendant ;
b. a brother/sister of a defendant or who is also a defendant, a brother/sister of his/her mother or father, also those who have marital relationships and the nephews/nieces of the defendant up to a third degree.
c. the husband or wife of the defendant although already divorced or who is equally a defendant.

CHAPTER XVI
EXAMINATION IN A COURT SESSION

Part Three
Normal Trial Procedure

Article 177

(1) if a defendant or witness does not understand the. Indonesian language, the judge/chairman of the session shall appoint an interpreter who under oath or pledge shall promise to truly interpret all that has to be interpreted.

(2) if a person is not allowed to serve as witness in a case, he shall not be allowed also to act as interpreter in that case.

CHAPTER XVI
EXAMINATION IN A COURT SESSION

Part Three
Normal Trial Procedure

Article 182

(1) b. The defendant and/or his legal adviser shall state their defense which can be replied by the public prosecutor with the stipulation that the, defendant or his legal adviser shall always be given the last turn.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.