KEWENANGAN PRAPERADILAN TERHADAP PERMOHONAN PENGHENTIAN PENYIDIKAN YANG DIAJUKAN OLEH TERSANGKA (STUDI KASUS PUTUSAN NO:31/Pid.Prap/2014/Pn.Jkt.Sel)

derryadi, Andreyas (2015) KEWENANGAN PRAPERADILAN TERHADAP PERMOHONAN PENGHENTIAN PENYIDIKAN YANG DIAJUKAN OLEH TERSANGKA (STUDI KASUS PUTUSAN NO:31/Pid.Prap/2014/Pn.Jkt.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 of the Criminal Code 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 because of the decision Pretrial from south Jakarta district court that granted the request of the suspect toto chandra to stop the investigation. The decision to deviate from Article 80 of the Criminal Procedure Code which states' requests to check the validity of a termination of the investigation or prosecution may be filed by the prosecutor or interested third parties ", the suspect did not include subjects who can apply this,the request filed because the investigation is too long.Based formulation of the problem above, the problem is formulated as follows: Normatively whether pretrial institution has the authority to examine and determine the application for termination of the investigation submitted by the suspect as an applicant? and How the juridical considerations as the basis for the request case pretrial authority to the request termination of the investigation submitted by the suspect? The type of study is a normative legal norms in the from legislation. the obtained data were collected and analyzed qualitatively. In conclusion, the thought process used is deductively. The conclusion is that the normative pretrial authorized to examine and adjudicate the request filed by the termination of the investigation the suspect as the applicant. The reason is the pretrial judge Muhammad razzad through interpretation considers there has been a termination of investigation since the investigation has been going on for 5 years and unknown obviousness.

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