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All Journal Jurnal Legalitas Jurnal Al-Dustur
Wira Purwadi
FAKULTAS SYARIAH IAIN MANADO
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PRETRIAL PROBLEMS WITH THE OBJECT OF THE ESTABLISHMENT OF SUSPECTS Wira Purwadi; Edi Gunawan
Jurnal Al-Dustur Vol 4, No 2 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i2.1687

Abstract

ABSTRACTUntil now, there has been no legal certainty for justice seekers through pretrial. The object of determining the suspect why when someone is declared a suspect then submits the Judge accepts a pretrial. Then the investigator can re-assign him a suspect so that the determination of the suspect occurs repeatedly. The Judge will also cancel the status of the suspect repeatedly and creates legal uncertainty. This study aims to determine pretrial executors to determine the suspect (Case Decision Study No: 3 / Pr/a.Pid / 2017 / PN.Gto) and Interpreting pretrial with the object of determining the suspect. This study uses normative research by using literature as the primary source. The results showed that pretrial executors with the object of determining the suspect (Case Decision Study No: 3 / Pra.Pid / 2017 / PN.Gto) is an example of a convoluted judicial process and does not provide legal certainty for a person because the applicant even though it has been three times the Judge receives the pretrial; the investigator is still returning to determine the applicant as a suspect. Interpreting a pretrial with the object of the determination of a suspect is difficult. Determining a suspect is not a straightforward job because it relates to a person's status before the law, so accuracy and prudence are needed to determine whether someone is worthy of being a suspect. An investigator may not use excessive authority in determining a person as a suspect because the implication of having a legal status can deprive someone of his right of independence as an arrest or detention.
Application Of The Principle Of Equality Before The Law To Law Enforcement For The Realization Of Justice In Society Wira Purwadi; Mohamad Ali Akbar Djafar; Gilang Fatirah Densi; Anika Zaitun Tumiwa; Arum Salsabila Yieputri Langkamane
Jurnal Legalitas Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.481 KB) | DOI: 10.33756/jelta.v15i1.14772

Abstract

The consequences of the state of the law following the constitution mandate require that the application of law enforcement should be carried out somewhat based on equality before the law. The purpose of this study is to analyze how the principle of equality before the law applies to law enforcement for the realization of justice in society and to analyze the factors that hinder the realization of justice in applying the principle of equality before the law to law enforcement. This research uses normative legal research methods or library research. The results showed that applying the principle of equality before the law in law enforcement has not achieved the justice felt by the community. In terms of legal substance, legal structure, and legal culture
Co-Authors Anika Zaitun Tumiwa Arum Salsabila Yieputri Langkamane Edi Gunawan Gilang Fatirah Densi Mohamad Ali Akbar Djafar