Akibat Hukum Dikabulkannya Permohonan Praperadilan Atas Surat Pemberhentian Penyidikan Terhadap Tindak Pidana Penipuan (Studi Putusan Nomor : 51/PRA.PID/2015/PN>MDN)

Abstract

Pre means before, or preceded, meaning "pretrial" is the same as before the trial in court. In Europe it is known to be such an institution, but its function really does conduct a preliminary examination. Thus, the function of commissioner judge (Rechter commissaris) in the Netherlands and Judge d 'Instruction in France can actually be called pretrial, because in addition to determining the validity of arrest, detention, seizure, also conducted a preliminary examination of a case, then in this study the author Interested in examining the case of Pretrial which received / granted by the Medan District Court as it is known as long as the data obtained from 2014-2016 from the case table shows the percentage of Pretrial cases received or granted is very minimal or a bit rather than the Pretrial cases rejected by the Medan District Court. The research method used is analytical descriptive and normative juridical type that comes from secondary data, data collection technique by library research and document research (field research) and data analysis used analytical descriptive method. Based on the Jurisprudence / Decision of the Constitutional Court Judge or Constitutional Court number: 21 / PUU-XII / 2014 principally states: the determination of the suspect is the object of the Pretrial. Under the provision, to be able to file a Pretrial must meet the provisions of several things including the suspect has been arrested, the suspect has been detained and under detention, the police investigator issued a notice of termination of the Investigation for legal reasons, the Public Prosecutor issued a notice of Termination of Prosecution. The existence of a proceeding of a case against a suspect who was not brought to trial at the District Court. For the sake of justice and legal certainty due to the law of the judges' consideration there has been a criminal act of fraud in which the provision of a blank check given to the applicant has been cleared and the rejection of the relevant Bank due to insufficient balance, thereby the element of fraud exists, and punishes the investigator of the North Sumatra police To continue the investigation up to the public prosecutor and declare a warrant for termination of investigation No. SP.search / 121a / VIII / 2015 Disreskrimum 07 August 2015 is declared null and void and the action of the requested party is against the law.