Pre-Trial Authority after the Decisions of the Constitutional Court No.21-PUU-XII-2014

Deddi Diliyanto, Zainal Asikin, Amiruddin Amiruddin


The pre-trial scope has actually been limited by Article 77 of the Criminal Procedure Code. However, the development of the law for the past 5 (five) years has broken through the boundary and preceded the discussion of the Draft Criminal Procedure Code. The expansion of the pre-trial scope, especially regarding the determination of suspects, was started before the Constitutional Court Decision No. 21/PUU-XII/2014 was issued. This research is normative legal research. It utilizes statute approach, conceptual approach and case approach. Based on the statement that the category of legal issues is a vague norm, the analytical instrument used is historical legal interpretation. The results of this study are to expand the pre-trial authority to examine and decide: 1) whether the determination of the suspect is valid; 2) whether the search is valid; dan 3) whether the seizure is valid. In addition, the pre-trial authority in judicial practice is extended to the inability of investigators to conduct investigations to the suspects (the legal subjects).


Pre-Trial; After Decision; Constitutional Court

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Law of the Republic of Indonesia No. 8 of 1981 concerning Criminal Procedure Law.

Decision of the South Jakarta District Court No. 04/Pid.Prap/2015/PN.Jkt.Se.

Decision of the Constitutional Court No. 21_PUU-XII_2014 on April 28, 2015.

Decision of the Sumbawa District Court No. 2/Pid.Pra/2017/PN.Sbw (Pretrial of Ikhwan - Head of the Sumbawa People’s Credit Bank).

Decision of the South Jakarta District Court No.36/Pid.Prap/2015/PN.JKT.Sel. (Pretrial of Hadi Poernomo).



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