PALAR (Pakuan Law review)
Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025

Arbitrary Suspect Designation In Corruption Cases The Legal And Human Rights Implications

Nugraha, Roby Satya (Unknown)
Iskandar, Eka Ardianto (Unknown)
Siswajanthy, Farahdinny (Unknown)
Darmawan, Iwan (Unknown)
Suhermanto, Suhermanto (Unknown)
Wuisang, Ari (Unknown)



Article Info

Publish Date
20 Aug 2025

Abstract

ABSTRACTThe determination of a suspect constitutes a legal act by investigators that alters a person’s status from not being linked to a criminal offense into someone who is reasonably alleged to have committed one. This study arises from the Attorney General’s Office’s decision to designate Thomas Trikasih Lembong as a suspect, which was not in accordance with the provisions of the Indonesian Criminal Procedure Code (KUHAP). The research adopts a normative legal method complemented by empirical analysis, relying on secondary sources (literature) and interviews with relevant parties. The theoretical framework employed is based on the Theory of Legal Protection and Progressive Law Theory, which underpin the analytical approach in achieving the research objectives. The findings reveal that the suspect designation against Thomas Trikasih Lembong lacked sufficient preliminary evidence, as the prosecutors failed to prove any actual state financial loss attributable to him. Moreover, the legal provision invoked by the Attorney General’s Office did not meet the required elements of a corruption offense. The study concludes that law enforcement authorities must exercise their powers in compliance with existing legal rules to guarantee both legal certainty and a fair sense of justice for all individuals. Keywords: Corruption, Suspect Designation, Attorney General’s Office, Legal Certainty, Pretrial.

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Journal Info

Abbrev

palar

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pakuan Law Review (PALAR) memuat naskah tentang isu-isu di berbagai bidang hukum yang aktual. PALAR adalah media dwi-tahunan, terbit sebanyak dua nomor dalam setahun (Januari-Juni, dan Juli-Desember) oleh Fakultas Hukum Universitas ...