PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENETAPAN STATUS TERSANGKA SEBAGAI OBJEK PRAPERADILAN DALAM PRAKTIK DI PENGADILAN NEGERI PURWOKERTO (Studi Kasus Putusan Praperadilan No. 4/Pid.pra/2015/PN. Pwt)

Abstract

The Constitutional Court is one of perpetrators of powers of judiciary among others authorized to adjudicate on first and last level that an award is final to examine legislation against Constitution of 1945. Determination of whether a suspect could be debated as part of a pretrial objects end with existence of a ruling of Constitutional Court Docket Number 21/PUU-XII/2014 date 28 April 2015. Normative Juridical Approach: Research. The type of research used in this study is a descriptive analysis. The source of data in this study is secondary data, and qualitative Data Analysis techniques are normative. Fine points of consideration and decision of judge of Constitutional Court in its Ruling No. 21/PUU-XII/2014 date 28 April 2015, about testing a number of CODE of CRIMINAL PROCEDURE Article specifically about authority of pretrial Article 77 a CODE of CRIMINAL PROCEDURE and interpretation of phrase of beginning, the beginnings of enough, and sufficient as mentioned in article 1 point 2, article 17 and article 21 paragraph (1) of CODE of CRIMINAL PROCEDURE, it was decided as follows :1) object praperadailan authority of article 77 paragraph (1) of CODE of CRIMINAL PROCEDURE, set expanded including determination of suspects, searches and seizures; 2) phrase the beginning, proof of evidence of beginning of a fairly, and sufficient as specified in article 1 point 2, article 17 and article 21, paragraph (1) of CODE of CRIMINAL PROCEDURE, must be a minimum of two is meant evidence contained in article 184 CRIMINAL PROCEDURE CODE; 3) process of determination of suspects by investigators should be based on a minimum of two evidence contained in CODE of CRIMINAL PROCEDURE Article 184 (eyewitness description; experts; mail; instructions; description of defendant).