In early 2026, a Japanese manufacturing director in Cikarang was summoned to the local police station as a “witness” regarding a procurement dispute. Without legal counsel, he participated in a six-hour interrogation, unknowingly signing a statement that admitted to “oversight” in vendor vetting. Under the newly enforced Law Number 1 of 2023 concerning the Criminal Code (hereinafter referred to as the New Penal Code) and the updated Law Number 8 of 1981 concerning the Criminal Procedure Code (hereinafter referred to as the KUHAP), that single signature converted his status from witness to suspect within 24 hours.
For Japanese executives, the distinction between a “friendly inquiry” and a formal investigation is often blurred by language barriers and cultural politeness. In 2026, the procedural stakes have reached an all-time high.
The Critical “BAP” and the Right to Silence
The core of any Indonesian investigation is the Berita Acara Pemeriksaan (Examination Report). Under the KUHAP, the BAP is the primary piece of evidence used by prosecutors to build a case. For Japanese nationals, the most significant risk is the “lost in translation” factor.
Under Article 51 of the KUHAP, a suspect has the right to be clearly informed of the charges against them in a language they understand. However, in practice, police investigators may use informal translators or expect the expat to rely on their basic Indonesian skills. In 2026, any ambiguity in a BAP regarding “intent” (mens rea) can lead to immediate detention, especially under the new provisions of the New Penal Code which prioritize corporate and individual accountability for administrative lapses.
Detention Risk and the Flight Risk Assumption
A significant challenge for Japanese expats is the discretionary power of investigators. According to the KUHAP, an investigator may detain a suspect if there is a concern they might flee, destroy evidence, or repeat the offense. Because expats hold foreign passports, they are almost universally categorized as a “flight risk.”
In 2026, the National Police have streamlined the integration between the police database and the Directorate General of Immigration. Once a “Prevention of Departure” (Cegah) is uploaded into the system, an executive’s ability to leave Indonesia is revoked instantly, often before they are even aware of their suspect status.
Strategic Expert Opinion: The Legalinfo Perspective
For Japanese executives, the priority is not “winning a trial,” but preventing the case from ever reaching the courtroom.
According to Gunawan Sembiring, S.H., Managing Partner Legalinfo Lawyers, Japanese expats must abandon the habit of “explaining themselves” directly to officers without a lawyer. He notes that in 2026, the New Penal Code emphasizes “Restorative Justice” for certain commercial and corporate offenses. He emphasizes that Legalinfo Lawyers utilizes this window of opportunity at the Penyelidikan (Preliminary Investigation) stage to resolve disputes through mediation and peace agreements. According to Gunawan, once a case moves to Penyidikan (Formal Investigation) and a BAP is signed, the “Restorative Justice” door begins to close, and the case becomes a matter of public prosecution that is far harder to stop.
The 2026 Japanese Expat Defense Protocol
If you or your company’s Japanese management receive a police summons (Surat Panggilan), follow this strict protocol:
-
Verify the Summons Status: Identify if you are called as a Witness (Saksi) or Suspect (Tersangka). Even as a witness, you have the right to legal accompaniment.
-
The “Lawyer First” Rule: Never attend a police station alone. Under the KUHAP, your lawyer is entitled to be present and see you during the interrogation.
-
Demand a Certified Interpreter: Do not rely on office staff or police-provided translators. Ensure every word in the BAP is back-translated into Japanese before signing.
-
Review Before Signing: You have the legal right to correct or change your BAP before signing. If the investigator’s summary does not reflect your true intent, do not sign.
-
Utilize Restorative Justice: If the investigation stems from a commercial dispute, immediately propose a settlement under the 2026 Restorative Justice guidelines to have the police report (Laporan Polisi) withdrawn.
Conclusion
A police investigation in Indonesia is a highly procedural event where the early stages dictate the final outcome. For Japanese executives, whose reputations are their most valuable corporate asset, a criminal charge even if eventually dismissed can have devastating professional consequences. By adhering to the KUHAP protections and engaging specialized counsel at the first sign of an inquiry, Japanese firms can ensure that their leadership remains protected from the volatility of the criminal justice system.
