CD Skripsi

Pemeriksaan Alat Bukti Dalam Penetapan Tersangka Berdasarkan Putusan Mahkamah Konstitusi Nomor 21/Puu-Iv/2014 Di Persidangan Praperadilan Dikaitkan Dengan Tujuan Praperadilan

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ABSTRACT
Pretrial in Indonesia has been regulated through Law Number 8 of 1981 concerning the Code of Criminal Procedure. Pretrial institutions are intended to test the lawfulness or lawfulness of an arrest and/or detention, the lawfulness of stopping investigations or stopping prosecutions, and requests for compensation or rehabilitation, so that law enforcement officials are not arbitrary in carrying out their duties. Over time the authority of law enforcement then increased with the birth of Constitutional Court Decision Number 21 / PUU-IV / 2014, the decision stated that the authority of pretrial institutions included also in terms of testing the validity or not of the determination of a suspect someone. So that pretrial court judges must then focus the examination process on evidence, which is then used as a guideline to assess whether the actions of law enforcement officials in the investigation and prosecution stage are legitimate or not someone is determined to be a suspect. However, in fact there is no consistency in the decisions of pretrial judges where in some cases evidence is tested for relevance and in some cases the judge does not test it or can be mentioned as long as there are two pieces of evidence alone are enough to establish a person as a suspect Therefore it needs to be studied stimulantly first, b How is the implementation of cases in pretrial trials in the examination of evidence in the determination of suspects based on the decision of the Constitutional Court Number 21 / PUU-IV / 2014, second, the ideal formulation of the examination of evidence in the determination of suspects at pretrial hearings in Indonesia.
This research is a normative legal research or known as legal research, namely by examining literature materials (secondary data) that have a relationship with the problems studied assisted by primary, secondary and tertiary data. This study used qualitative data analysis that elaborated descriptively from the data obtained.
From the results of the study, it was concluded that, First, the implementation of the Constitutional Court decision Number 21 / PUU-IV / 2014 is the absence of procedures from judges in deciding pretrial cases where in some cases the judges check the validity or relevance of evidence and some do not check, Second, It is necessary to reform the criminal law by formulating an ideal concept for the face of Indonesian pretrial related to the obligation of judges to examine the relevance of evidence and the obligation to examine potential suspects.
Keywords: Pretrial – Evidence – Suspect Determination

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110580

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110580

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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