The Authority of the Pretrial Institution in Testing the Validity of the Determination of a Suspect According to Criminal Procedure Law in Indonesia

DOI

10.2991/978-2-38476-164-7_23How to use a DOI?

Keywords

Authority; Criminal Procedure Law; Determination of Suspects; Pretrial

Abstract

The Constitutional Court (MK) issued Decision No. 21/PUU-XII/2014, which essentially added the scope of pretrial authority that had originally been set limitatively in Article 77 of the Criminal Procedure Code. The scope added by the Constitutional Court is about testing the validity of the status of a person’s suspect determination. The problems in this study are how is the authority of investigators in determining suspects by investigators according to the Criminal Procedure Code in Indonesia and How is the testing of the validity of the determination of suspects through pretrial institutions according to the Criminal Procedure Code in Indonesia. The research used is normative juridical research. The approach used by the author in this research is the statutory approach. Pretrial is an effort made by the District Court to examine and decide on the validity of arrest, detention, termination of investigation, termination of prosecution, determination of suspects and decide on requests for compensation and rehabilitation where the criminal case is not submitted to the district court at the request of the suspect or defendant or his family and or legal counsel. The authority of the investigator in determining a suspect according to the Indonesian Criminal Procedure Code is that the investigator to determine a person to be a suspect must have sufficient preliminary evidence, namely at least 2 (two) types of evidence and determined through a case title.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Salman Paris Harahap
AU  - Bahar Elfudllatsani
AU  - Adhitia Pradana
AU  - Muhammad Ikhsan Lubis
AU  - Asti Inayah
PY  - 2023
DA  - 2023/12/21
TI  - The Authority of the Pretrial Institution in Testing the Validity of the Determination of a Suspect According to Criminal Procedure Law in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 241
EP  - 253
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_23
DO  - 10.2991/978-2-38476-164-7_23
ID  - Harahap2023
ER  -