PERLINDUNGAN HUKUM TERHADAP HAK TERSANGKA DALAM TAHAP PRA PENUNTUTAN

Law Protection to suspect’s right in pre-prosecution stage. To obtain and analyze data about investigating officer and common prosecutor give protection to suspect’s rights of criminal lawsuit in pre-prosecution stage The law-writing uses the kind of normative law observation; that is the observation who focuses to positive-law norm and be done by learning the rule of legislation and the rule that relates to checked-problem. This research needs secondary data as the main data. The research of normative law needs five duties; they are description, systematization, analysis, interpretation, and grading positive law. The investigating officer and common prosecutor give the protection of suspect’s right in pre-prosecution, so then the lawsuit bundle not to to-ing and fro-ing more than three times and for the sake of making the certain law in order to honor suspect’s right, they do law action; that is the investigating officer put it in writing to law prosecutor that adding investigation is done optimally and because of it, they submit law action further to prosecutor. Then, the common prosecutor will take action by doing adding investigation to complete the lawsuit bundle. If the investigating officer cannot fill the direction of public attorney and it causes criminal element not to be filled, the investigating officer gives SP3 (The letter of instruction to investigation ceasing). Then, the investigation officer publish the letter of constancy to investigation ceasing (SKPP/blank form SERSE A.3.02) based on certainty which is organized by article of 109, verse 2 KUHAP; that is investigation ceasing because there is no enough evidence or actually that event is not criminal act or the investigation is stopped because of the law