Mengkritisi Putusan Mahkamah Konstitusi Tentang Penetapan Tersangka Sebagai Objek Praperadilan: Criticizing the Constitutional Court’s Decision Regarding Determining Suspects as Pretrial Objects

Mahmud Mulyadi (Universitas Sumatera Utara)

Jurnal Hukum Pidana Indonesia
Vol. 1 No. 1 (2024)

The Constitutional Court (MK) decision number 21/PUU-XII/2014, dated 28 April 2015 has expanded the determination of suspect status as one of the pre-trial objects. This has had consequences in law enforcement, namely a shift in the nature of pretrial examination from the formal aspect to the material aspect (validity testing), and there is a vacuum in formal law in the Indonesian Criminal Procedure Law. This decision is felt to be inappropriate because "suspect status" is a "right" for perpetrators suspected of committing a crime, not a force.