Abstract
The scope of pretrial has been limited in the provisions of Article 77 of the Criminal Procedure Code, but it turns out that the legal development of the last 5 (five) years has broken through these limits and even preceded the discussion of the draft Criminal Procedure Code. The expansion of the scope of pretrial, especially regarding the determination of suspects has begun before the ruling of the Constitutional Court Number 21/PUU-XII/2014 was issued. This research is normative legal research, the approach used in this study is the legislation approach (Statute approach), Conceptual Approach (conceptual approach) and Case Approach (case approach). Relying on the category of legal issues is a vague norm, the analytical instrument used is a historical legal interpretation. The results of this study were that the pretrial authority was extended to the authority to examine and decide on: 1). Whether or not a suspect is valid; 2). Whether or not a search is valid; and 3). Whether or not legitimate foreclosures. Then in judicial practice, pretrial authority is extended to the inability of investigators to conduct investigations of both suspects (legal subjects).
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Citations by Year
| Year | Count |
|---|---|
| 2018 | 5 |