Analisis Terhadap Putusan Hakim Praperadilan di Pengadilan Negeri Medan (Studi pada Putusan Pra Peradilan Pengadilan Negeri Medan No. 07/ Pra-Pid/ 2016/ PN.Mdn)

Abstract

This thesis discussion about the analysis of the pretrial judge's decision in the Medan District Court. Issues raised include how the development of legal reasons pretrial filing today, what legal consequences the fall of the verdict against the filing of pre-trial and how the criminal law policy formulating pretrial agencies in Indonesian positive law in terms of human rights protection. This research uses a kind of normative. Type empirical juridical empirical juridical of way the procedures are used to solve research problems by examining secondary data first and then followed by conducting research on primary data in the field. The results of research and discussion describes the development of legal reasons filing pretrial way of its development not only as set forth in the Code of Criminal Procedure but also in the Constitutional Court Decision No. 21 / PUUXII / 2014 has expanded the object Pretrial form of arrest, detention, discontinuation of the investigation or the discontinuation of the prosecution also determination suspects, search, and seizure. The legal consequences fall verdict against the filing of pre-trial is in terms of decision establishes the arrest or detention is unlawful, then the investigator or prosecutor must immediately release the suspect, in the case of the decision stipulates that something termination of an investigation or prosecution invalid, investigation or prosecution of suspects shall proceed as well as in terms of the decision stipulates that an arrest or detention is unlawful, then the magnitude of the decision specified amount of compensation and rehabilitation provided, whereas in the case of a termination of an investigation or prosecution is valid and the suspect was not arrested, then in the verdict included rehabilitation. Criminal law policy formulating body pretrial in Indonesian positive law in terms of protection of human rights even though the authority of pretrial as stipulated in the positive law is limited, but the implementation of such authority extended to the efforts of other forced undertaken by investigators (in this case the foreclosure and shakedown) therefore the forceful measures with regard to violations of human rights, if not done responsibly.