Tinjauan Terhadap Praperadilan Sebagai Upaya Kontrol Bagi Penyidik Dalam Perkara Pidana (Studi Kasus Perkara No. 2 / PID. PRA/ 2020/PN PBR).

Nevansa, Reyhan Zieky (2022) Tinjauan Terhadap Praperadilan Sebagai Upaya Kontrol Bagi Penyidik Dalam Perkara Pidana (Studi Kasus Perkara No. 2 / PID. PRA/ 2020/PN PBR). Other thesis, Universitas Islam Riau.

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Abstract

In the decision on the pretrial application that was submitted by Nursiah, it seemed controversial and also contradicted 109 paragraph 2 of the provision of the Criminal Procedure Code. In Nursiah's case, the judge decided to accept Nursiah's pretrial application to declare the invalidity of Nursiah's determination as a suspect based on an investigation warrant and the judge also ordered investigators to stop the investigation in the case on the grounds that Nursiah was sick (physical reasons). and for humane reasons which does not refer to the provisions of laws and regulations although Article 109 paragraph 2 of the Criminal Procedure Code states, "In the event that an investigator stops an investigation because there is insufficient evidence or the event is not a criminal act or the investigation is terminated for the sake of law, the investigator notifies the public prosecutor, suspect or his family. The main problems in this researcher are, How are the judges' basic considerations in deciding the Pretrial case No. 2 / PID. PRA 2020 / PN PBR. And how is the implementation of the Pretrial Decision No. 2 / PID.PRA 2020 / PN PBR.The research method that the researcher uses is qualitative research, which is research directed at achieving the goal of obtaining an in-depth explanation of the application of a theory. Thus more use of inductive (empirical) thinking. The results of the research that the author obtained were that the Judge gave a Basis of Consideration by determining that the determination of the Suspect to Nursiah was considered invalid, the Judge also ordered the Respondent to stop the Investigation in the Case due to humanitarian reasons and Violating Human Rights due to Nursiah's age and health factors. Although the basis of the judge's consideration is inconsistent with Article 109 paragraph 2 of the Criminal Procedure Code, moreover the case has been declared complete and fulfills the formal and material requirements and because the case has been determined as a suspect. However, the judge still decided that Nursiah could not be named a suspect for reasons of humanity and Nurisah's age factor, and the implementation of the decision. The judge carried out his decision by accepting the Petitioner's Pretrial Application in its entirety, as well as ordering the Respondent to comply with the Decision in this case, which where Nursiah was declared unable to be named a suspect due to human factors

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