Proposing a Probable Cause Assessment Mechanism in Indonesia: Lessons from the United States and Georgia

One of the fundamental weaknesses in Indonesia’s Criminal Procedure Code (KUHAP) is the absence of a rapid, automatic, and substantive judicial review mechanism for arrest and detention. At present, legality tests can only be carried out through praperadilan (pretrial review), which is post factum, passive, and highly formalistic, and relies on the initiative of the arrested and/or detained person. This gap opens the door to arbitrary detention practices and human rights violations.