CD Tesis

Kekuatan Mengikat Putusan Praperadilan Yang Membatalkan Penetapan Tersangka

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The determination of the suspect on behalf of Budi Gunawan in the pretrial
decision was invalid, the Corruption Eradication Commission actually did not
continue the investigation of the case, even though the pretrial was essentially
only authorized to carry out administrative examinations of the case, so that when
the court's decision said the determination of the suspect was invalid, the KPK
investigators can repeat the investigation from the beginning, because in this case
the KPK investigators have determined Budi Gunawan as a suspect so that it is
certain that the KPK investigators already have 2 (two) strong evidences
regarding the involvement of the suspect Budi Gunawan in the case, but after the
pretrial decision, the KPK was actually no longer continue the investigation,
whereas in order to stop an investigation, the investigator may issue an
Investigation Termination Order (SP3). The formulation of the problem is how to
bind pretrial decisions that cancel the determination of suspects, what are the
legal consequences for law enforcement officers whose investigations are
considered invalid in pretrial. This study uses normative legal research methods,
and the results of the study conclude that the binding force of pretrial decisions
that annul the determination of a suspect can still be carried out based on the
Constitutional Court Decision Number 42/PUU-XV/2017 which states that
against a suspect whose determination of suspect has been canceled by pretrial
judges can still conduct an ideal and correct re-investigation. The redetermination
of the suspect is also based on the Regulation of the Supreme Court
of the Republic of Indonesia Number 4 of 2016, Article 2 paragraph (3).
Meanwhile, regarding the legal consequences for law enforcement officers whose
investigations are considered invalid in pretrial, they create a bad view and
tarnish the investigators because they are considered less careful in handling
cases.
Keywords: Determination of Suspects; Investigation; Pretrial Decision;

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0014)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

ix, 109 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0014)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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