Journal of Law, Poliitic and Humanities
Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities

The Urgency of Strengthening Pretrial Mechanisms in Controlling Coercive Measures within the Indonesian Criminal Justice System

Imron Rosyadi (Universitas Islam Negeri Sunan Ampel Surabaya)



Article Info

Publish Date
16 May 2026

Abstract

This study is grounded in the growing concern over the limited effectiveness of pretrial mechanisms in supervising coercive measures exercised by law enforcement, which may lead to violations of individual rights and abuse of authority. The research aims to analyze normative weaknesses in the regulation of pretrial proceedings and to formulate a strengthened model of judicial control within the Indonesian criminal justice system. This study employs a normative legal research method using statutory, conceptual, and case approaches, with legal materials derived from primary sources such as the Criminal Procedure Code, relevant laws, and constitutional court decisions, as well as secondary legal literature, all examined through a normative and interpretative legal analysis. The results indicate that despite the expansion of pretrial objects through constitutional interpretation, significant gaps remain in evidentiary standards, judicial authority, and procedural safeguards. This research offers a novel framework by proposing a more substantive and procedural strengthening of pretrial mechanisms aligned with the principles of due process of law. It concludes that reinforcing pretrial institutions is essential to ensure legal accountability and the protection of fundamental rights within the criminal justice system.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...