Iuris Studia: Jurnal Kajian Hukum
Vol 1, No 2 (2020): Okotber 2020 - Januari 2021 (ON PROGRES)

Analisis Putusan Mahkamah Konstitusi Terkait Dengan Penetapan Tersangka Sebagai Objek Praperadilan (Studi Putusan Nomor 73/Pid.Pra/2018/Pn.Mdn)

Panggabean, Josep (Unknown)



Article Info

Publish Date
17 Oct 2020

Abstract

A person's freedom can be limited for the sake of law enforcement, as stated in article 50 of the Criminal Code which states that: "Whoever commits an act to implement the provisions of the law is not punished." In connection with the activities of investigators that can carry out arrests and even detention, the criminal procedure law, through its provisions, forces the elimination of the universally recognized principle of freedom of a person. This research is a normative legal research with the research method is library research. Based on the research results it is known that the Constitutional Court Decision No. 21 / PUU-XII / 2014, has made new regulations by expanding pretrial powers, which include testing the legality of the determination of the suspect, searches and confiscation, Constitutional Court decision No. 21 / PUU-XII / 2014, has the implication of prioritizing aspects of human rights and legal certainty for someone who is named a suspect, giving the suspect broad rights to defend himself from possible errors in the legal process during the investigation stage, the basis for the consideration of the pretrial judge to grant the petitioner part of it in the case No. 73 / Pid.Pra / 2018 / Pn.Mdn., Is because the determination of the suspect is carried out earlier than the suspect's investigation order, so that the determination of the suspect becomes invalid due to defective procedures

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Journal Info

Abbrev

iuris

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, ...