DENPASAR, Bali — A closely watched pretrial hearing involving Bali’s Head of the Regional Land Agency (BPN), I Made Daging, continued on Wednesday at the Denpasar District Court, with expert testimony reinforcing claims that the case centers on administrative issues rather than criminal wrongdoing.
The hearing is part of a legal challenge against the decision by Bali Police to name I Made Daging as a criminal suspect in a land-related dispute. Through the pretrial motion, the applicant is asking the court to assess whether the suspect designation was made lawfully and based on sufficient legal grounds.
What Happened in Court Today
During today’s session, the court heard testimony from an expert witness presented by the police. The expert, Dr. Dewi Bunga, a criminal law academic from UHN I Gusti Bagus Sugriwa Denpasar, told the court that the disputed actions should be viewed primarily through the lens of state administrative law, not criminal law.
She explained that not every contested letter, document, or administrative decision can automatically be treated as a criminal act. According to her testimony, such actions must first be examined through proper administrative mechanisms, including internal supervision, administrative courts, or public information procedures.
“The criminal process should be the last resort,” she said in substance, emphasizing that administrative errors—without intent, abuse of authority, or personal gain—do not automatically meet the threshold of a crime.
Burden of Proof and Legal Certainty
The expert also stressed a core principle of criminal law: the burden of proof lies entirely with law enforcement, not with the individual named as a suspect. Citizens, she noted, are not required to prove their own innocence.
Importantly, she highlighted that if a legal provision used as the basis for prosecution has expired or is no longer valid, any ongoing legal process relying on that provision should be halted to protect legal certainty and individual rights.
Her testimony appeared to align with arguments raised earlier by the applicant’s legal team, which maintains that criminal law was applied prematurely in a matter that should have remained within the administrative domain.
Response from the Defense Team
Lawyers representing I Made Daging welcomed the testimony, saying it strengthened their claim that the case reflects a broader problem of criminalizing administrative decisions made by public officials.
They warned that if routine administrative actions can easily be turned into criminal cases, government officials may become reluctant to make decisions at all—ultimately harming public services.
Photo of I Made Daging’s attorney, when met after the pretrial hearing at the Denpasar District Court, February 2, 2026
Why This Case Matters Beyond the Courtroom
While the case may appear technical, it carries wider implications—especially for expatriates, investors, and long-term residents in Bali.
Land administration, permits, and official documents are central to property ownership, business operations, and long-term residence in Indonesia. The outcome of this pretrial hearing will help clarify where the line is drawn between administrative mistakes and criminal liability.
For foreign residents and investors, legal certainty matters as much as natural beauty or economic opportunity. This case is being closely followed because it touches on a fundamental question: how safely and predictably administrative law is applied in Indonesia, particularly in sensitive areas such as land management.
What Comes Next
The pretrial proceedings are expected to continue with closing submissions from both parties before the court issues its decision. The ruling could set an important benchmark for how similar cases are handled in the future—especially those involving government officials performing administrative duties.
For Bali’s international community, the case serves as a reminder that understanding Indonesia’s legal framework is not just an academic concern, but a practical necessity when living, investing, or doing business on the island.
