Volume 18, No. 6, 2021

The Role Of The Indonesian Constitutional Court In Providing The Protection Of The Constitutional Rights For Its Citizens' Through Changes In Indonesian Criminal Procedure Law And Enlarging The Authority Of Pretrial Institutions

Anwar Usman , Nalom Kurniawan , Bahtiyar Efendi


One of the material contentarranged in the Criminal Procedure Code which is considered to provide an improvement in the context of providing protection for the rights of citizens is a pretrial mechanism. The pretrial concept in the Criminal Procedure Code, apart formulated from the culture and customary law in Indonesia, was also inspired by the Habeas Corpus Actin the Anglo Saxon justice system. Although the birth of this concept was considered ideal to provide the protection of human rights for a suspect or defendant in the event that an act of force is imposed , yet seeing the limitative nature of pretrial jurisdiction as regulated in Article 77 of the Criminal Procedure Code above, not all acts of forced can be tested for its validity in a pretrial hearings. Pretrial judges generally only submit detention assessments as subjective rights/discretion of investigators who have the authority to do so. Therefore, it become difficult for a suspect to have justice through the pretrial efforts that he through, if the above matters are still practice in pretrial hearings.

Pages: 2052-2064

Keywords: In the context of criminal law, the Criminal Procedure Code (KUHAP) promulgated through Law Number 8 year 1981, by various group in his time, has been considered as a children of nation’s master piecein order to renewing court law process in Indonesia

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