Disparitas Putusan Praperadilan Terhadap Penetapan Tersangka (Studi Putusan Nomor 21/Pid.Pra/2024/Pn. Mdn Dan Putusan Nomor 27/Pid.Pra/2024/Pn. Mdn)

Abstract

The disparity in pretrial decisions occurs due to differences in the perspective of judges in interpreting a legal concept which ultimately has implications for the imposition of pretrial decisions. Decision Number 21/Pid.Pra/2024/PN. Mdn and Decision Number 27/Pid.Pra/2024/PN. Mdn, both of which were submitted by the same applicant are examples of cases of disparity in verdicts. The formulation of the problem in this writing is How is the Legal Regulation of Pretrial in Indonesian Criminal Procedure Law? What are the Legal Requirements for the Determination of Suspects in the Indonesian Criminal Procedure Law and Other Laws and Regulations? What is the Legal Analysis of the Disparity in Pretrial Decisions on the Determination of Suspects in Decision Number 21/Pid.Pra/2024/Pn. Mdn and Decision Number 27/Pid.Pra/2024/Pn. Mdn? The type of research used in this study is normative legal research by examining laws and regulations, legal literature, and court decisions, whose data is collected through library research, the legal sources used in this writing are primary, secondary, and tertiary legal materials. Based on the results in this study, it shows that in the first decision (No. 21/Pid.Pra/2024/PN. MDN), the judge rejected the application on the grounds that the investigator already had two valid pieces of evidence and the Applicant's objection was considered to have entered the subject matter of the case. On the contrary, in the second decision (No. 27/Pid.Pra/2024/PN. MDN), the judge granted the Applicant's request in part and declared the determination of the suspect invalid. This difference arises because the judge in the second decision emphasized the violation of the procedures mandated by the Constitutional Court Decision Number 21/PUU-XII/2014 and Number 130/PUU-XIII/2015, namely the non-examination of potential suspects before the determination and the non-submission of the Notice of Commencement of Investigation (SPDP) to the Applicant.