BALINEWSID.COM, DENPASAR – The Denpasar District Court has partially granted a third pretrial petition filed by former Bali Provincial Head of the National Land Agency (BPN), I Made Daging, against the Bali Regional Police (Polda Bali).

In its ruling, the court declared invalid and legally non-binding both the official order terminating the investigation and the document revoking I Made Daging’s suspect status, which had been issued by the Bali Police’s Directorate of Special Criminal Investigation.

The decision was delivered by single judge Kadek Dedy Arcana during a pretrial hearing at the Denpasar District Court on Tuesday, November 3, 2026.

In the verdict, the judge rejected all preliminary objections submitted by the respondent, namely the Bali Regional Police, while granting part of Daging’s petition.

Specifically, the court ruled that Investigation Termination Order No. S.Tap/35/8/RES.1.24/2026, issued by the Bali Police’s Directorate of Special Criminal Investigation, was invalid and had no binding legal force.

The judge also declared invalid the order revoking Daging’s suspect status, registered under No. S.Tap/Cabut.Tsk/60.7/8/RES.1.24/2026.

However, the court rejected the remainder of the petition and ordered the respondent to bear the court costs in accordance with the ruling.

Legal Team Says Ruling Could Become a Legal Reference

Following the hearing, I Made Daging’s legal team, represented by the Land Administration Defense Team and coordinated by lawyer Gede Pasek Suardika (GPS), welcomed the court’s decision.

Gede Pasek said the case had distinctive legal characteristics because it involved a challenge to the termination of an investigation brought through pretrial proceedings by a person who had previously held suspect status.

He expressed hope that the ruling could contribute to the development of legal scholarship and serve as a reference for handling similar cases in the future.

“This is a new case, one that may never have been seen before. Hopefully, these proceedings can become a legal reference or jurisprudence for future cases,” he said at the Denpasar District Court on Tuesday, November 3, 2026.

The legal team also highlighted the legal implications of previous pretrial rulings, arguing that the case involving Daging should be resolved through appropriate judicial procedures to ensure legal certainty.

Legal Team Questions Previously Applied Criminal Provisions

In their statement, Daging’s lawyers also raised questions about the criminal provisions previously used in the case.

They argued that Article 421 of the Indonesian Criminal Code (KUHP), which had previously been invoked against Daging, was no longer in force.

They also maintained that the alleged offense under Article 83 of Law No. 43 of 2009 on Archives had become time-barred.

On that basis, the legal team argued that the applicability of the relevant criminal provisions and the issue of statutory limitation periods should be carefully considered before any further legal proceedings are pursued.

They further expressed the view that, should the case proceed to trial, an acquittal would be an outcome that deserved consideration.

However, these arguments represent the position of Daging’s legal team and were not part of the judge’s ruling in the latest pretrial proceedings.

Legal Team Raises Possible Violation of the Ne Bis in Idem Principle

Gede Pasek also questioned another legal process that, according to his team, remains ongoing at the Bali Regional Police under Articles 391 and 392 of the Indonesian Criminal Code.

He argued that applying different criminal provisions to what he considers the same subject matter and underlying events could potentially raise concerns regarding the legal principle of ne bis in idem.

The principle generally prohibits a person from being tried again for the same matter after a final and legally binding court judgment, subject to the applicable legal requirements.

According to the legal team, the issue requires careful examination to ensure that law enforcement proceedings provide legal certainty and protect citizens’ rights.

Nevertheless, the application of the ne bis in idem principle must be assessed by examining the identity of the parties, the subject matter, the underlying events, and the relevant legal requirements.

Bali Police to Hold Case Review

Meanwhile, the Bali Regional Police, represented by its Legal Division team led by AKBP I Nyoman Gatra, said the institution respected and accepted the pretrial court’s decision.

Gatra acknowledged that Daging’s petition had been partially granted, while other parts had been rejected by the judge.

He explained that one of the issues granted by the court concerned the termination of the investigation, which had also taken into consideration previous pretrial rulings.

Regarding the next steps, the Bali Police said investigators would conduct a formal case review to determine the appropriate legal measures following the court’s decision.

“The next step is that investigators will certainly conduct a case review to determine what action should be taken based on this ruling,” Gatra said.

The third pretrial ruling marks a significant development in the ongoing legal dispute between I Made Daging and the Bali Regional Police.

Attention will now turn to the investigators’ next steps, particularly how they will respond to the court’s declaration that the investigation termination order and the revocation of Daging’s suspect status were invalid.

All subsequent legal proceedings are expected to comply with applicable laws and regulations while upholding legal certainty, professionalism, and the rights of all parties involved.