PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN PRAPERADILAN TERHADAP PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI (STUDI KASUS PUTUSAN NOMOR 97/PID.PRAP/2017/PN JAK.SEL.)

Pangarego, Flavius (2018) PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN PRAPERADILAN TERHADAP PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI (STUDI KASUS PUTUSAN NOMOR 97/PID.PRAP/2017/PN JAK.SEL.). S1 thesis, UAJY.

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Abstract

Pretrial is an institution in the Indonesian criminal justice system in the lives of law enforcement. Pretrial court is not an institution the stands alone but is part of the district court. Pretrial authority under Article 1 point 10 and Article 77 of the Criminal Code of Indonesian that is checking the validity of the arrest and detention, whether legitimate or termination of the investigation or the discontinuation of the prosecution, the request for compensation and rehabilitation. Problems arise when a decision of district court pretrial in south jakarta, granted the request of the suspect determination of Police General Commissioner Budi Gunawan to stop the investigation about himself againts Indonesian Corruption Eradication Commission (KPK). Pretrial became an attention again since district court judge of south jakarta accepted Setya Novanto’s lawsuit of pretrial Nomor 97/Pid.Prap/2017/PN Jak.Sel. setya novanto was determined as a suspect. The judge considered that the determination of Novanto as a suspect by KPK was not in accordance with the procedure. Type of this research is a normative legal norms in constitution. the obtained data were collected and analyzed qualitatively. In conclusion, The Judge’s Considerations In Accepting Pretrial Lawsuit for Determination Of a Corruption Suspect (Case study of Putusan Nomor 97/Pid.Prap/2017/PN Jak.Sel.) are determination of suspect by KPK was conducted in the first phase of investigation, and the evidences that have been used in the previous case cannot be used again in other case.

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