Sari law Office – When sued or exposed to legal problems, most people who feel objectionable will probably do some resistance, one of which is to try to report to the police (criminal). However, being sued is a non-criminal (Civil) matter. Then there is no denying that a person can be examined criminally and civilly simultaneously. It's best to do this given that there's still a way to deal with it: request a suspension of police checks. Is this way well done? What is the legal view of this way? Everything we've covered in the article titled: "Criminal and Civil Review Simultaneously? Better Do This!"
1. Requesting Deferred Investigation by The Police is Important
We can request a deferred investigation by the police pending a civil verdict of the lawsuit that has been filed in advance.This is important given that criminal and civil checks can simultaneously interfere with other ongoing legal proceedings. Therefore,
- Do not be criminally examined as well as litigation in court,
- Do not let the police examine the result of a police report against a person who is litigation in a civil case in court against the object of the same dispute because criminal proceedings can be suspended by the police pending a civil ruling in advance.
2. Feel Free to Request Deferred Investigation by Police
We should not hesitate to request a deferred investigation by the Police as it is a legal right. If anyone says it's wrong, we can oppose it because it's mentioned in Supreme Court Rule No.1, 1956 ("Perma 1/1956"). in article 1 Perma 1/1956 stated:
"If a criminal case examination is to be decided in the case of a civil case on an item or about a legal relationship between two specific parties, then the criminal case examination may be suspended to await a court ruling in the examination of a civil case about the civil rights or the absence of that civil right."
3. No Need to Worry, Requesting Deferred Examination by Police Is Often Done
For example, the police report in Bali Police, A warga mengwi reported by B warga mengwi also on charges of making a false pedigree. Police were called multiple times to reports to be examined after other witnesses had been examined. On the other hand, the A is suing the genealogy in question and the object of the land referred to in the lineage so that with evidence there is a case in the civil court finally the police examination can be suspended or postponed.
Thus, if there is a criminal case to be decided on a civil matter or about a legal relationship between two specific parties, the examination of the criminal case may be suspended, pending the decision of the Civil Court.
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