Determination of New Suspect in Pretrial Hearing (Case Study of the Judgment in South Jakarta District Court Number: 24/Pid.Pra/2018/PN. JKT.SEL)
- December 1, 2018
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume II, Issue XI, November 2018 | ISSN 2454–6186
Aji Rahmadi1, Prof. Supanto, SH. M.Hum2, Dr. Widodo Tresno Novianto, SH, M.Hum3
Graduate Student1, Graduate Lecturer2, 3
Law Studies Universitas Sebelas Maret Surakarta, Indonesia
Abstract:-This research was normative legal research used case approach that focused on the judge’s consideration to reach the decision. The purpose of this study is basically to find out the judge’s consideration in granting the petition for the determination of a new suspect in a pretrial hearing. Normative provisions regarding the authority of the pretrial institution were basically regulated in a limited manner, but the Aquo judge had other considerations, namely the act of participating from other parties who had been referred to in the principal verdict of the case that has been in Kracht, where the indictment and verdict have outlined the role of parties considered to be participating in aquo acts. So that the judges considered it fair that the parties participated in the corruption act must also be responsible for their actions so that in the pretrial hearing then granted the request to assign a new suspect.
Key Words: Pretrial Healing, Consideration of new suspect, Consideration of Judge.
The 1945 Constitution requires that Rechstaat element, as well as the Rule of Law, be part of the principles of the Indonesian state. Even explicitly the explanatory formulation of the 1945 Constitution states that the Indonesian state is based on law (Rechstaat), not based on mere power (Machstaat). The formulation of the explanation reflects that the 1945 Constitution requires restrictions on state power by law. Therefore, the consequence of the state of Indonesia as a rule of law is that the rights of citizens should be protected by law and all citizens have the same position before the law (Equality before the law). In a legal state, law enforcement is carried out with a legal process and legal procedures in force. In the enforcement of criminal law, it is carried out by criminal procedure law (formal criminal), as a procedure to enforce and implement the material criminal law.