PERTIMBANGAN HAKIM DALAM MEMERIKSA DAN MENGADILI PERMOHONAN PRAPERADILAN TENTANG SAH ATAU TIDAKNYA PENETAPAN TERSANGKA

Pretrial is an institution in the Indonesian criminal justice system in the lives of law enforcement. Pretrial court is not an institution the stands alone but is part of the district court. Pretrial authority under Article 1 point 10 and Article 77 of the Criminal Code of Indonesian that is checking the validity of the arrest and detention, whether legitimate or termination of the investigation or the discontinuation of the prosecution, the request for compensation and rehabilitation. Problems arise when a decision of district court pretrial in south jakarta, granted the request of the suspect determination of Police General Commissioner Budi Gunawan to stop the investigation about himself againts Indonesian Corruption Eradication Commission (KPK). The court decision deviated from Article 77 of the criminal procedure code which is there is no explanation about suspect determination in Article 77. Type of this research is a normative legal norms in constitution. the obtained data were collected and analyzed qualitatively. In conclusion, the thought process used is deductively. The conclusion is that the normative pretrial authorized to examine and adjudicate the request filed by the termination of the investigation the suspect as the applicant