DAMPAK PUTUSAN PRAPERADILAN TERHADAP STATUS TERSANGKA TINDAK PIDANA PENCURIAN (Analisis Putusan Praperadilan Pengadilan Negeri Jakarta Timur Nomor: 12/Pid.Pra/2017/PN.Jkt.Tim)

Abstract

Abstract

One of the principles in Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is that the Court hears according to the Law which upholds the presumption of innocence. The principle, also known as the principle of presumption of understanding, states that a person cannot be found guilty before the court decides that the defendant is indeed guilty. In relation to this, an institution called PRAPERADILAN was formed. The pretrial must ensure that the arrest is carried out in accordance with the terms and procedure set out in the Criminal Procedure Code (KUHAP). The provisions of Article 1 point 20 and Article 17 of the Criminal Procedure Code (KUHAP) provide a description of an arrest made against a suspect of a criminal offense committed arbitrarily by an investigator. The research method used is a library decision that links the problem with the legal norms prevailing in Indonesia. After conducting research it can be seen that the provisions regarding the terms of arrest have not been formulated explicitly by Kuhap and cause legal uncertainty. Very rigid checks are formal but lack in material truth.