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VOL. 10, ISSUE 6 (2024)
Pretrial motion against determination of suspects and investigations into corruption crimes based on the sale and purchase agreement for assets Ex-confiscated by prosecutor's office
Authors
Didit Wijayanto Wijaya
Abstract
Pretrial is not an
independent court institution in Indonesia and has existed for over 43 years following the
issuance of Law Number 8 of 1981 concerning Criminal Procedure Law. This procedural law has been regulated in detail
about the procedures for determining an individual as suspect but is occasionally disregarded by investigating apparatus, making the validity to
be tested through Pretrial at the District Court. Therefore, this study aimed to use a Normative
Juridical Method through Literature analysis to address the following problems. First, the validity of the investigation and enforcement of suspect
against the Applicant of Pretrial (Freddy Handinata Ongkosaputra) based on the Investigation Order issued by the Head of the East Nusa
Tenggara (NTT) High Prosecutor's Office,
Number Print-07 / P.3 / Fd.1 / 03/2017, dated
March 31, 2017.
Second, whether the decision of Pretrial case Number 04 /Pid.Pra/2017/PN.Kpg. at the Kupang District Court provided a fair judgment to the Applicant. The results showed that determination of suspect
and the Investigation Order of the Head of NTT
High Prosecutor's Office did not meet sufficient
evidence, rendering the investigation and suspect
determination invalid. Furthermore, the decision was objective and fair to Pretrial Applicant through the legal considerations
of the Judge in Pretrial case,
specifically in granting the Applicant's request in entirety
and canceling both determination
of Suspect and the Investigation Order.
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Pages:48-52
How to cite this article:
Didit Wijayanto Wijaya "Pretrial motion against determination of suspects and investigations into corruption crimes based on the sale and purchase agreement for assets Ex-confiscated by prosecutor's office". International Journal of Law, Vol 10, Issue 6, 2024, Pages 48-52
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