Pertimbangan Putusan hakim Praperadilan Mengenai Sah Atau Tidaknya Penetapan Tersangka Hukum (Studi Putusan Praperadilan Nomor 53/Pid.Pra/2017/PN.MDN)

Abstract

After the Constitutional Court Decision Number 21/PUU-XII/2014 regarding the conduct of investigators in arbitrarily determining a suspect, a pretrial application as referred to in Article 1 number 14 can be submitted that to determine a person as a suspect must be based on sufficient preliminary evidence. Based on the Pretrial Decision Number 53/Pid.Pra/2017/PN.Mdn And the pretrial judge stated that the determination of the status of the suspect against Siwajiraja was not based on sufficient preliminary evidence. The purpose of this study is to determine the basis of the judge in his consideration for granting pretrial petition number 53/Pid.Pra/2017/PN.Mdn and to find out the legal consequences of the petition of petitioners who have been granted regarding the illegitimate determination of the suspect in the pretrial ruling number 53/Pid.Pra/2017/ PN.Mdn. The research method used is normative legal research with the nature of descriptive analysis research. This study uses legal sources consisting of primary legal sources, secondary legal sources, and tertiary legal sources. Based on the results of the study it was found that the basis of the judge in considering the petition of pretrial petitioners who granted his invalid the determination of the suspect in Decision Number 53/Pid.Pra/2017/PN.Mdn Proof. However, the determination of the suspect against Siwajiraja can be carried out again if there is found at least 2 (two) new evidence as referred to in Article 2 paragraph (3) of Perma Number 4 of 2016. The legal consequences of the petition of the applicant that has been granted regarding the invalid determination of the suspect in the Decision Pretrial Number 53/Pid.Pra/2017/PN.Mdn is the applicant can submit a request for compensation and submit a request for rehabilitation. However, the Criminal Procedure Code does not provide opportunities or does not justify legal remedies in pretrial cases.