Abstract

Under Article 77 of Law of The Republic Indonesia Number 8 of 1981 Concerning Criminal Procedure Law or Indonesia’s Code of Criminal Procedure stated that a district court can conduct pretrial hearing to determine whether an arrest or detention carried out legally. The court also adjudicate the proprietry of the cessation of an investigation prosecution. The pretrial hearing decision number 24/Pid/Pra/2018/PN.Jkt.Sel was the breakthrough, because for the first time in Indonesia, judge of the pretrial hearing decided that to order the investigator of the Corruption Eradication Commision to firm the suspect status to Boediono, Muliawan D Hadad, Raden Pardede and friends in the corruption case of the Bank of Century. Based on the law principal, res judicata pro veritate habetur, means that the judge decision is determined to be right, this decision has to be conducted with no exception.

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