Analisa Hukum Praperadilan di Pengadilan Negeri Tebing Tinggi Deli (Studi Putusan di Pengadilan Negeri Tebing Tinggi Deli)

Abstract

The problem of the pretrial review detention not only lies on the lack of regulations concerning the testing needs of pretrial review detention but also lies on the practices of pretrial review detention occuring. Such practices do not even fulfill the minimum requirements or conditions stated by the Criminal Law Procedure. In many cases, the officials who have the power to detain someone very rarely pay attention on the conditions or requirements stated by Article 21 of the Criminal Law Procedure and tend to move in accordance with the "template" of an arrest warrant and the formal report of the arrest. As a result, such detain results in serious consequences in the situations of detention in Indonesia. The research is a normative legal research. The research aims at assessing the regulations on pretrial review in Indonesian criminal justice system. In order to review the legal analysis of the pretrial ruling on the verdict Number 01/Pra.Pid/2012/PN.TTD and Number 03/Pra.Pid/2012/PN.TTD and to examine the role of the judge in a pretrial review hearing of the legality of pretrial detention in District CourtTebing TinggiDeli. The arrangement of pretrial review in Indonesian criminal justice system is not complete yet. It is merely limited to the authority of pretrial review and there is a few procedural laws. The implementation of pretrial review is not specifically regulated. Therefore, such implementation is performed by adopting the civil law. This is not appropriate for a dispute because procedural laws must belex certa of definite. Legal analysis of Decision No. 01/Pra.Pid/2012/PN.TTD. The verdict was issued by the judges rejected a pretrial plea the applicant is appropriate. Given the facts of law in the trial showed that the defendant had fulfilled conducted in accordance with the Criminal Procedure Code. The Decision Number 03/Pra.Pid/2012/PN.TTD. Decision issued by the judges in this decision was rejected a pretrial plea is appropriate. Considering the facts that existing law stating that the arrest of the child by the Petitioner Respondent has fulfilled formal requirements capture as stipulated in Article 17 of the Criminal Procedure Code and Article 18 of the Criminal Procedure Code. The role of judges in adjudicating the legality of pretrial review detention in Deli Tebing Tinggi District Court is to examine the case through pretrial review mechanisms as regulated by legislation and the existing judicial practices. The judges also give an opportunity to the relevant parties to prove their arguments respectively which are associated with the legality of the detention. The judges also examine the legality based on the detention requirements stated in the Criminal Law Procedure and make decisions based on the facts revealed during the trial which are associated with the existing regulations.