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Edy Sugiarto
Universitas Muhammadiyah Bengkulu
Law, Crime, Criminology & Criminal Justice

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Penyelidikan Sebagai Objek Praperadilan Perspektif Keadilan Progresif Edy Sugiarto; Aditya Andela Pratama
SPEKTRUM HUKUM Vol 23, No 2 (2026): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v23i2.7420

Abstract

Investigation is the initial stage in the criminal justice process which has an important role in determining the follow-up of law enforcement. However, Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) has not regulated investigations as pretrial objects, thus causing limitations in legal protection against investigators' actions that have the potential to harm citizens' rights. This study aims to analyze the urgency of investigation as a pretrial object based on the perspective of progressive justice and the role of judges in receiving pretrial applications related to investigations. This research is a doctrinal law research with a legislative, conceptual, and philosophical approach. The results of the study show that investigations are an important part of the criminal justice system that should be supervised through pretrial mechanisms. In the perspective of progressive law, judges not only play the role of law enforcers, but also as inventors of laws that can fill the gaps in norms to realize substantive justice. Therefore, pretrial acceptance of investigative actions is a form of progressive legal implementation to strengthen the protection of human rights and ensure the achievement of comprehensive justice
Co-Authors Aditya Andela Pratama