FUNGSI PRAPERADILAN SEBAGAI LEMBAGA KONTROL HORIZONTAL DALAM SISTEM PERADILAN PIDANA

Barus, Henny Erawati (2007) FUNGSI PRAPERADILAN SEBAGAI LEMBAGA KONTROL HORIZONTAL DALAM SISTEM PERADILAN PIDANA. S1 thesis, UAJY.

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Abstract

Pre jurisdiction is a new institution that function as the horizontal control toward the performance and the duty of legal upholder, in this case, the investigator and general accusatory. The case formulation has been emerged by the author in this legal writing is "whether after the presence of pre jurisdiction institution has really functions as horizontal control in the process of legal jurisdiction. In this writing, the author used normative legal research method, i.e. the literary study focused on the norms and also supported by the field research. Base on the result of this research, the pre jurisdiction institution only has authority to evaluate the validity about the pledge, caught, ending the investigation, the ending of accusation, the submission of substitution of detriment and also rehabilitation. Pre jurisdiction has no authority to conduct investigation as conduct the calling of the accused in doing criminal action. Thus, the conclusion could drawn is the pre jurisdiction institution that formerly valid in the system of the procedure of criminal less functions as the horizontal controller institution in the system of the procedure of criminal. The author hopes in future, prejurisdiction could conduct its function maximally.

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