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International-Law Comparison: Penyelidikan and Penyidikan

The key clarification is that penyelidikan and penyidikan should not automatically be translated as two equivalent stages of “investigation” in international law.

These concepts originate from Indonesian domestic criminal procedure, whereas international and comparative legal systems may employ different terminology, institutional structures, and procedural thresholds.

Comparative Terminology

Indonesian Legal Concept	Functional English	Comparative-Law Meaning
Penyelidikan	Preliminary inquiry / preliminary fact-finding	Initial examination to determine whether an alleged event indicates a criminal offence.
Penyidikan	Criminal investigation / formal investigation	Evidence-gathering process aimed at establishing the offence and identifying the suspected perpetrator.
Penyelidik	Officer conducting a preliminary inquiry	Authority conducting the initial inquiry.
Penyidik	Criminal investigator / investigating officer	Authority legally empowered to conduct the formal investigation.
Tersangka	Suspect	Person suspected of having committed an offence, subject to the applicable legal standard.
Penuntutan	Prosecution	Formal pursuit of a criminal case before the competent judicial authority.

Why “International Law” Needs Clarification

1. International Law

This refers to the body of rules governing relations among States and other subjects of international law, together with areas such as international human rights law and international criminal law.

2. Comparative International Terminology

When comparing Indonesian criminal procedure with other national systems, it is more precise to describe the terminology as comparative criminal-procedure terminology, rather than implying that penyelidikan and penyidikan are universally defined categories of international law.

3. International Criminal Law

In international criminal proceedings, terminology can differ again. For example, an international tribunal or prosecutor may refer to an investigation, preliminary examination, prosecutorial investigation, or investigative measures, depending on the applicable instrument and institution.

A More Legally Precise Formulation

“In Indonesian criminal procedure, penyelidikan and penyidikan constitute distinct procedural functions. Penyelidikan may be described functionally as a preliminary inquiry or preliminary fact-finding process, whereas penyidikan corresponds more closely to a formal criminal investigation. These English expressions are functional translations rather than assertions that the Indonesian concepts have identical legal status or scope in other jurisdictions.”

Legal-terminology principle: The English terms above should be understood as functional translations. They facilitate international and comparative legal communication without assuming that Indonesian procedural concepts have exactly the same legal meaning in another jurisdiction or under international criminal law.