Wulandari, Fitri Azhari (2025) Tinjauan Yuridis Praperadilan Sebagai Upaya Perlindungan Hukum Bagi Tersangka. Other thesis, Universitas Islam Riau.

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Abstract

The arbitrariness of law enforcement officers in the form of coercion carried out in investigation and prosecution by authorized institutions can be controlled through the pretrial institution. The purpose of this institution was established so that the rights of suspects can be protected, especially in the event of unlawful arrest or detention and termination of investigation or prosecution. Although this institution has been regulated in positive law (Law No. 8 of 1981), there are still some weaknesses in its application. This non-optimal application causes the absence of human rights protection for suspects, especially in the scope of the Court. The main problem in this research is how to prove the pretrial decision of case No. 15/Pid.Pra/2022/Pn.Pbr and how the legal considerations of the panel of judges in deciding case No. 15/Pid.Pra/2022/Pn.Pbr as well as a description of the entire court process passed by the pretrial applicant to get true justice. The research method used in this research is the normative legal research method, which is research to be studied by taking data obtained from literature studies, norms, jurisprudence, and doctrine. Then the data obtained is then processed using analytical descriptive method. The analytical descriptive method carried out by the author is by providing a detailed description of the evidence of case No.15/Pid.Pra/2022/Pn.Pbr and the judge's consideration in pretrial case No.15/Pid.Pra/2022/Pn.Pbr. The results of the research conducted show that the first discussion in proving the elements of the criminal offense applied in Case No.15/Pid.Pra/2022/Pn.Pbr is known. Evidence carried out based on legal facts in the form of witness testimony and evidence. When viewed from the second discussion in this case, the panel of judges gave consideration in deciding that the determination of the status of a suspect against the pretrial applicant was proven invalid, the judge gained his conviction by emphasizing the legal values of the trial process, namely the evidence and facts revealed at trial.

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