Tinjauan Yuridis Terhadap Sidang Praperadilan Berdasarkan Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana

Abstract

Talking about criminal law often makes people imagine everything that is evil, dirty
and full of deception. When people talk about criminal law, what comes to mind is the
eradication of crime by the police, prosecutors and judges. The criminal justice system is
discussed in the criminal justice procedural law regulated in Law Number 8 of 1981. However,
in legal practice the suspect's right to take legal action in the pretrial process may not be
granted by the legal authorities on the grounds that the main case has been transferred to court
. And the unprofessionalism of law enforcers makes it difficult for pretrial hearings to realize
pretrial as an effort to defend the rights of a suspect. The impact of the weaknesses in the
existing rules in the pretrial court case process has resulted in futile law enforcement by legal
subjects in defending their rights. So that new regulations are needed that can guarantee that
the pretrial hearing process can run so that suspects get legal certainty.
This research uses the type of normative juridical research, namely research that is
focused on examining the application of the rules or norms in law to legal principles. The data
collection technique used in this study was a literature study. The approach used in this study
was to use a normative approach, namely library law research.
The results of the research conducted by the author are first, making rules regarding
the pretrial case delegation process can be said to be important, this is because in pretrial
hearings there are many violations committed by law enforcers such as delaying attendance of
pretrial hearings, then rushing cases principal to court with the aim of aborting the ongoing
pretrial. Second, in the process of determining suspects carried out by law enforcement, there
were many violations that were not in accordance with the criminal procedure law and also
many violations of the code of ethics of the law enforcers themselves.
Keywords; Pretrial-Criminal Procedural Law