Political Form Of Pre-Justice Law In Law Enforcement In Indonesia

Abstract

Today pretrial has a very important place in criminal procedural law, it can even be said that every person who is suspected of committing a criminal act is then named a suspect. The first legal remedy is pretrial. The demand for pretrial use is getting stronger in the community who are indicated as being accused of a criminal act. Because in various criminal cases that have occurred so far, it has shown that pretrial has shown that there is protection, not only regarding justice, but also for the protection of human rights. Pre-trial is a new legal effort in the life of law enforcement in Indonesia. Every thing is new, has a specific mission and motivation, there must be something to be achieved and to be achieved. Nothing is created without being driven by purpose and purpose. Likewise with pretrial institutionalization. There are aims and objectives to be upheld and protected, namely upholding the law and protecting the human rights of suspects at the level of investigation and prosecution. The authority of the law enforcer, in this case the police, to determine the evidence for the determination of the suspect is based on the Constitutional Court Decision Number 65 / PUU-IX / 2011 which stipulates that “Determination of Suspects†is part of pretrial. In addition, the next legal basis is the Decree of the Constitutional Court Number 21 / PUU-XII / 2014 which states that the provisions of Article 77 letter a of the Criminal Procedure Code are contrary to the 1945 Constitution of the Unitary State of the Republic of Indonesia.

Keywords: Political Law, Pre-trial, Law Enforcement