Supreme Court of Indonesia issues new circulars on pre-trial and acquittal rulings

The Supreme Court of Indonesia has issued Circular Letter (SEMA) Number 3 of 2026 to provide guidance for judges handling pre-trial proceedings. Chief Justice Sunarto stated the circular aims to ensure legal certainty and promote simple, fast, and low-cost justice, particularly when pre-trial matters intersect with main cases already transferred to district courts.

Under the new guidelines, if a pre-trial request is registered, the main case can still be transferred, but the trial cannot proceed until the pre-trial decision is reached. Conversely, a pre-trial request filed after a case has been transferred does not prevent the main trial from proceeding. In such instances, the pre-trial request is registered and decided, but the ruling will state that the request is inadmissible.

Separately, SEMA Number 4 of 2026 has sparked debate regarding its impact on legal rights and judicial oversight. This circular addresses the finality of acquittal verdicts, aligning with the Criminal Procedure Code (KUHAP) Law No. 20 of 2025, which restricts prosecutors from pursuing further legal remedies, such as appeals or cassation, against acquittal rulings. While some legal experts argue this protects the integrity of judicial decisions, others raise concerns regarding potential impacts on judicial accountability.