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

Abstract

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).