Article 24, paragraph (2) of Law Number 20 of 2025
regarding the Code of Criminal Procedure (KUHAP) delineates the grounds for the
cessation of an inquiry by the Indonesian National Police. The termination of
the investigation is conducted through a case conference and the Restorative Justice
Mechanism (RJM). The conclusion of the investigation through a case
presentation no longer necessitates a court ruling unless a pretrial motion is
submitted by the party involved in the criminal case. Legal complications
emerge when the findings of an investigator's case presentation are not filed
for a pretrial motion by the pertinent party, resulting in ambiguity regarding
the validity of the investigation's termination in the absence of a judicial
ruling. This study utilises a normative legal methodology, incorporating a
statutory approach and a case-based approach. This research utilises both
secondary and primary data sources. This research seeks to elucidate the
termination of investigations from the standpoint of legal certainty. The
research findings indicate that the legal ramifications resulting from the
cessation of the investigation within the criminal justice system culminate in
a pretrial. The termination of the investigation possesses legal certainty if
conducted in compliance with legislative provisions.
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