UPAYA HUKUM TERHADAP PUTUSAN PRAPERADILAN DI INDONESIA

Tarigan, Victor Osmond (2016) UPAYA HUKUM TERHADAP PUTUSAN PRAPERADILAN DI INDONESIA. . pp. 1-23.

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Abstract

Judicial practice in Indonesia, many pretrial ruling that is considered detrimental to the party. Those who feel aggrieved against the verdict of the pretrial, make legal effort to examine the verdict. The parties have different arguments to legal effort. One reason for the rule of law on pre-trial has not been set clearly, decisively and systematically in a single statute. Based on pretrial practices in Indonesia, then the real question (1) How is the legal arguments in the practice of filing legal effort against the verdict of pretrial in Indonesia? (2) How appropriate legal formulations to achieve legal protection against the verdict of the pretrial? This study is a normative legal research, using library research and interviews. The results of this research is a translation of the arguments of the parties to propose remedies. That it because the rule of law pretrial regarding legal effort against the verdict has not been set clearly and systematically. Formulations right in realizing legal protection against the verdict of the pretrial. The short term the Supreme Court must issue rules on legal effort for the verdict of the pretrial order there is a guideline for the parties to take legal actions and the long term with the reformulation of the Criminal Procedure Code, especially regarding the institution of pretrial so manifest clear rules and systematic in bringing legal protection against the verdict of the pretrial.

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