IMPLEMENTASI ASAS EQUALITY BEFORE THE LAW DALAM PENYIDIKAN TINDAK PIDANA YANG DILAKUKAN OLEH ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH (STUDI KASUS POLRES MALANG)

Indonesian citizens have the same rank as legal subjects as stipulated in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution. In the case of a Member of the Regional People's Representative Council, a criminal act of adultery is charged in Article 284 paragraph (1) The Criminal Code, the process of investigative examination contrary to the principle of equality before the law does not have an impact on justice. His right to immunity is still inherent in the criminal act he has committed not related to his duties and authority as a member of the Regional People's Representative Council. The object of research in law is the process of investigation into criminal acts committed by members of the Regional Representative Council of Malang Regency. In this law using sociological analysis research methods, namely seeing the law as human behavior in society. The aim that the author wants to achieve is to see that investigations that do not apply as Pre-Legal Equality against members of the Regional People's Representative Council are declared null and void and to find out the causative factors as equality before the law are not applied to members of the Regional People's Representative Council. Based on the results of the research, the author analyzes that the implementation as equality before the law, the investigation process of the members of the Regional People's Representative Council is still not optimal because of the inherent right to immunity in committing criminal acts. The failure to fulfill this as equality before the law in the process of investigating members of the Regional People's Representative Council has no juridical implications. Parties who provide members of the Regional People's Representative Council, public officials, the police who carry out evaluations in the formulation of the MD3 Law and enforce justice without nationality