Reformulasi Objek Praperadilan Tentang Penetapan Tersangka Dalam KUHAP

Wahyudi, Meki (2021) Reformulasi Objek Praperadilan Tentang Penetapan Tersangka Dalam KUHAP. Other thesis, Universitas Islam Riau.

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Abstract

The pretrial object as referred to in article 77 letter a of the Criminal Procedure Code does not have binding legal force an has no clear legal certainty, in the case that a suspect is determined by an investigator or law enforcer whitout a prior investigation process as regulated in the Criminal Procedure Code. The act of forceful attempts was carried out on the pretext of accelerating the process of investigation and determinations of a suspect by someone who is suspected of not running away so that law enforcement is ambiguous. Then the Constitutional Court decision No: 21/PUU-XII/2012 has extend the pretrial object so that a person who feels that this rights have been harmed in relation to the determination of a suspect gets clear and binding legal certainty. However, the Constitutional Court’s decision should serve as a reference for amendments to Article 77 letter a of the Criminal Procedure Code, by updating or revising the contents of Article 77 letter a KUHAP so that investigators have aclear and binding legal basis in the investigation process. The main issues that become the object of research include: First, what is the Urgency of Reformulation of the Object of Pre-trial Determination of Suspects in the Criminal Procedure Code. Second, what is the Reformulation policy regarding the objects of Pre-trial Determination of Suspects in the Criminal Procedure Code. Methods of normative law research (normative law research), namely research using normative case studies in the form of legal behavior products. So that normative legal research focuses on the inventory of positive law, principles, legal doctrine, legal finding in concrete cases, legal systematics, level of synchronization, comparative law and legal history. Judging from its nature, it is descriptive analytical, which provides a complete, detailed, and clear description of a reaality legal materials. This research was analyzed qualitatively so that the method of drawing the conclusions used was the inductive method, namely drawing conclusions from specific things to being general. The results of this study reveal that the urgent reformulation of the pretrial object of the determination of the suspect in Article 77 letter a of the Criminal Procedure Code aims to provide clear and binding legal certainty by reformulating or revising Article 77 letter a of the Criminal Procedure Code so that in the future investigators carry out coercive measures and determine the suspect has positive legal basis that is applicable, clear and binding. And the reformulation policy related to the Pretrial objects for Determination os Suspects in the Criminal Procedure Code, especially in Article 77 letter a of the Criminal Procedure Code againts Pretrial objects can be revised and expanded by adding whether or not the determination of suspects, searches and confiscation is legal Article 77 letter of the Criminal Procedure Code.

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