LEGAL OPINION: NOTICE OF THE INITIATION OF AN INVESTIGATION (SPDP)

An SPDP is an official notification from an investigator to the parties specified by law that an investigation into a criminal case has begun.

In practice, the right to receive an SPDP is related to a person’s status in the case, not merely because that person filed a police report.

1. Legal Basis

The applicable legal basis is as follows:

1. Constitutional Court Decision No. 130/PUU-XIII/2015, which affirms the investigator’s obligation to deliver the SPDP to:

- The Public Prosecutor;

- The person against whom the report was filed; and

- The victim/complainant.

Delivery must be made no later than 7 days after the issuance of the Investigation Order.

2. National Police Chief Regulation No. 6 of 2019 on the Investigation of Criminal Offenses, specifically the provisions regarding the issuance and submission of the SPDP.

3. Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP), as the new KUHAP that must be taken into account in the current application of criminal procedure law.

2. If the investigator fails to provide the SPDP

The complainant or victim may take the following steps:

- Submit a written request to the investigator to obtain the SPDP.

- Request an SP2HP to learn about the progress of the case.

- File a complaint with the investigator’s superior or the investigation supervisor if there is a suspected violation of procedure.

It is important to distinguish: The SPDP is a notification of the commencement of an investigation, whereas the SP2HP is a notification of the progress of the case. The complainant is also entitled to receive the SP2HP.

3. Important notes regarding the new Criminal Procedure Code

There are changes that require attention. Law No. 20 of 2025 on the Criminal Procedure Code took effect on January 2, 2026. Article 60(1) explicitly stipulates that the SPDP must be submitted to the Public Prosecutor within a maximum of 7 days, but it does not mention the complainant or victim as a recipient in its wording. Therefore, the application of Constitutional Court Decision No. 130/PUU-XIII/2015 to the provisions of the new Criminal Procedure Code requires careful analysis.

Conclusion: A complainant who is also a victim has a legal basis to request an SPDP from the investigator. However, do not equate the right to an SPDP with the right to an SP2HP.

If the investigator does not provide an SPDP, I recommend submitting a formal written request to the investigator and requesting a written response.