Analisis tentang Putusan Perintah Penetapan Status Tersangka oleh Hakim Praperadilan sebagai Suatu Perkembangan Hukum Acara Pidana Indonesia (Studi Putusan Nomor 24/Pid.Pra/2018/Pn.Jkt.Sel)

Abstract

Ruling Number 24/Pid.Pra/2018/PN.Jkt.Sel which govern the determination of the status of a suspect raised pros and cons among academics and practitioners. In recent Pre-trial practices, Pre-trial Judges often make legal breakthroughs through their rulings thereby expanding their authority. So that the rulings of Pre-trial Judges that expand their authority are often considered to have no legal certainty. The formulation of the problem that is discussed in this research is how the ruling to determine the status of a suspect by a Pre-trial Judge according to statutory regulations, how the ruling to order the determination of suspect status by a Pre-trial Judge in several countries, and how the ruling to order the determination of suspect status by a Pre-trial Judge for the development of Indonesian criminal law. The research uses a normative or doctrinal research method that is descriptive by using an approach to the law (statue approach) and comparative law (comparative law). The source of the data employed in this research is a secondary research consisting of primary, secondary and tertiary legal materials. The data collection technique is the library research method and the data collection tool is a document study and a study of the decision to determine the suspect’s status by the Pre-trial Judge. The research results as an answer to the problems above are, First, according to laws and regulations, the ruling to determine the status of a suspect by a Pre-trial Judge is not the authority of the Pre-trial. The determination of the status of a suspect is the authority of the Investigator. Second, the ruling to determine the status of a suspect by a Pre-trial judge is a form of investigating judge found in Pre-trial practice in several countries. The three rulings of the order to determine the status of the suspect by the Judge are a legal finding that creates a conflict between justice and legal certainty. This conflict occurs due to limited Pre-trial authority against the dynamics of society through Ruling Number 24/Pid.Pra/2018/PN.Jkt.Sel; it should be necessary to renew the Criminal Procedure Code, especially the Pre-trial. Expansion of pre-trial authority by not only acting as examiner but also as investigative judge as in Ruling Number 24/Pid.Pra/2018/PN.Jkt.Sel that can be a solution to the current ineffectiveness of Pre-trial.