Jurnal Al-Dustur
Vol 4, No 2 (2021)

PRETRIAL PROBLEMS WITH THE OBJECT OF THE ESTABLISHMENT OF SUSPECTS

Wira Purwadi (FAKULTAS SYARIAH IAIN MANADO)
Edi Gunawan (IAIN MANADO)



Article Info

Publish Date
01 Dec 2021

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.

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Journal Info

Abbrev

aldustur

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have ...