PERTIMBANGAN HAKIM DALAM MENYATAKAN SAH ATAU TIDAKNYA PENETAPAN TERSANGKA OLEH PENYIDIK (STUDI KASUS PUTUSAN PENGADILAN NEGERI JEMBER NOMOR 2/Pid.Pra/2024/PN Jmr)

Abstract

Abstract

This study examines the judge's considerations in classifying the determination of suspects by investigators in case Number 2/Pid.Pra/2024/PN Jmr. The focus of the study is directed at the specific validity of the suspect based on the provisions of the Criminal Procedure Code and the Constitutional Court Decision Number 21/PUU-XII/2014 which states the need for sufficient preliminary evidence and examination of potential suspects. This study uses normative juridical research with a regulatory-statutory approach and a contextual approach. The results of this study In the Pretrial Decision Number 2/Pid.Pra/2024/PN Jmr, the judge used a formal juridical approach to assess the specific validity of the suspect. The judge is of the opinion that the expansion of pretrial authority according to the Constitutional Court Decision No. 21/PUU-XII/2014 allows for testing of suspect requirements as long as they are supported by at least two valid pieces of evidence. Although administrative differences were found such as the report number and the time of sending the SPDP, this was deemed not to invalidate the determination of the suspect as long as the substantial procedures were met. However, the judge should interpret the time limit for fulfilling the SPDP as seven calendar days to ensure legal certainty and protection of the suspect's rights.

Keywords : Pretrial, Legal Certainty, Determination of Suspect