Juniarti, Juniarti (2025) Penetapan Tersangka Bagi Pelaku Tindak Pidana Penyertaan (deelneming) Dalam Perkara Cukai Rokokillegal (studi Kasus Putusan Pra Peradilan No. 1/pid.pra.2023/pn.tbh). Other thesis, Universitas Islam Riau.

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Abstract

The definition of pretrial according to Article 1 number 10 of the Criminal Procedure Code, "Pretrial is the authority of the district court to examine and decide according to the method regulated in law. However, in its implementation there are still problems, especially regarding the determination of suspects who are used as pretrial objects. Here the author takes the example of the decision of the judge at the Tembilahan District Court who examined and adjudicated case Number: 1/Pid.Pra/2023/PN.Tbh, who granted the Pre-trial petition submitted by the Petitioner, that if we look at it at a glance it is related to the sole judge's consideration that the defendant's previous file cannot be used again by the applicant. In the research that will be carried out, the author has a main problem as a guide for discussion in the research, namely the Determination of Suspects for Perpetrators of Crimes of Participation (Deelneming) in Illegal Cigarette Excise Cases and the Pretrial Judge's Considerations regarding the Determination of Suspects for Perpetrators of Crimes of Participation (Deelneming) in Cigarette Excise Cases Illegal (Case Study of Pre-Trial Decision No. 1/PID.PRA.2023/PN.TBH)”. The type of research carried out by the author is normative juridical, namely the approach studied is library materials or secondary data which includes primary legal materials, secondary legal materials, and tertiary legal materials. This research is descriptive in nature, namely research that attempts to describe the situation and other symptoms by collecting data, compiling it, classifying, analyzing and interpreting it. The data analysis method used in this research is qualitative analysis, by conducting descriptive analysis. The results of the research and discussion (1) state that based on sufficient initial evidence, namely the statements of 5 witnesses, documentary evidence in the form of a BRI Bank Account Statement, the Als Daeng Sub-Department is suspected of being the perpetrator of a criminal act as regulated in Article 54 and/or Article 56 of the Law Excise in conjunction with Article 55 paragraph (1) first of the Criminal Code so there is sufficient reason to be named a suspect. (2) The Pre-trial Judge is of the opinion that in assessing whether the object of the Petition in the a quo case is correct regarding the Legality or not of the Arrest and Detention of the Petitioner in the a quo Case and to assess whether the evidence and basis of the Arrest and Detention is valid or not is it concerns the substance or subject matter of the case which must be proven first by examining the evidence, so that based on the considerations above, the argument for the Respondent's Exception is not legally grounded so that the above considerations regarding the Respondent's Exception regarding the Error in Objecto must be declared rejected. . Keywords: Pretrial, Suspect and Judge's Consideration.

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