TINJAUAN TERHADAP PUTUSAN PRAPERADILAN YANG BERKAITAN DENGAN PENETAPAN SESEORANG MENJADI TERSANGKA

This study titled pretrial review of the decision relating to the determination of a person becomes a suspect. The purpose of this study was to determine whether it can be justified to submit pretrial determination of a person as a suspect and to determine the reason for the court to grant or not to grant pretrial for establishing a person as a suspect. The method used is a normative law research that focuses on positiv legal form of legislation. Data collection methods to the study of literature, by collecting data from books, expert opinion and related sources and also by making interviews with sources. Data analysis method used is the primary legal materials were analyzed according to the task of normative law, secondary law material in the form of a legal opinion will dibadingkan deengan other pedapat and dissent. The results obtained upon determination that the filing pretrial juridical person becomes a suspect when this can be justified by the Constitutional Court Decision No. 21 / PUU-XII / 2014 extending pretrial object. The Constitutional Court's decision adds to the determination of suspects, searches and confiscation of the object of pretrial. The reason the judge who received the filing pretrial on the determination of a person becomes a suspect is because the court prohibited refuse to examine, hear and decide a proposed on the grounds that the law is absent, in this case the court is obliged to prosecute and examine (Article 10 paragraph (1) Law No. 48 of 2009 on Judicial Power). The reason the judge who rejected the pretrial filings for establishing a person becomes a suspect is the determination of a person as a suspect does not enter the realm of pretrial based on considerations which refers to Article 1 point 10 of the Criminal Procedure Code, Article 77 of the Criminal Procedure Code and Article 82 of the Criminal Procedure Code which regulates pretrial