Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Competence of Pretrial Since the Decision of Constitutional Court No. 21_PUU-XII_2014

Author(s): Amiruddin

This article relies on legal issues relating to the development of pre-trial authority coverage in the practice of law enforcement in Indonesia. Based on the legal issue, it can be traced that basically the pre-trial authority only examines and decides whether or not the arrest is legitimate, the validity of the detention, the validity of the investigation, the legality of the prosecution and the demand for compensation and rehabilitation. But in its development after the decision of the Court. 21_PUU-XII_2014, the pre-trial authority is expanded so that it is also authorized to examine and decide upon whether or not a suspect’s appointment is justified, whether or not the search is valid or whether the seizure is valid. Later in law enforcement practices through some court decisions, pre-trial authorities may also review and decide on the validity of investigators in conducting an investigation.