Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum

Efektivitas Praperadilan dalam Membatalkan Penetapan Tersangka

Moonti, WIndah (Unknown)
Moonti, Roy Marthen (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

Terang

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum in particular include the study of Communication, Politics, Government, International Relations, and Social ...