ANALISIS YURIDIS TENTANG PRAPENUNTUTAN DIKAITKAN DENGAN HAK ASASI MANUSIA TERSANGKA
ABSTRACT: Alternating behind
the prosecution of the case file to the investigator so contrary to the interests
of the suspect or the principles of justice are fast, fair, free, simple, and
inexpensive. The purpose of this thesis, namely: First, To Can Know In
Prapenuntutan Problems Associated With Human Rights of Suspects, Second, To
Know Settings Can Prapenuntutan In Criminal Case, Third, Can Knowing Due To
Legal Prapenuntutan Against Investigation and PublicProsecution. This research
uses normative juridical research method, the research done by first examining
the materials library of the law relating to pemasalahan or study of
regulations isstandard / recorded, whereas the data source used, primary data,
secondary data, and data tertiary, data collection techniques in this research
with the study of literature or study methodsdocumentary. From the research
there are three main issues that can be inferred. First, the problems in
prapenuntutan associated with the human rights of suspects, that there are no settings
to how many times prapenuntutan can be done. The absence of sanctions forinvestigators
when the case file is not submitted to the public prosecutor. Secondly, settingprapenuntutan
in criminal cases, while the settings are: the Code of Criminal Procedure which
consists of Article 8, Article 14, Article 109, Article 110, Article 138,
Article 139, Explanation of Article 30 of Law No. 16 of 2004 About Kejasaan,
Attorney General of the Republic ofIndonesia Regulation No. PER-036 / A / JA /
09/2011 on Standard Operating Procedures (SOP)General Crimes Case Management.
Third, the result of Prapenuntutan Law Against Investigationand Public
Prosecution, while the consequence that in the conduct of the police arrest
should not be mistaken. The possibility of errors arrest may occur because the
arrest was no reason authorized by law, Saran writer, first, should the Criminal
Code should provide an explanation ofthe notion prapenuntutan the second
Neither investigators nor prosecutors must be able to resolve the case files as
possible in accordance the time limit prescribed by the law, third, So that there
is no case files back and forth between the public prosecutor with the
investigator, here thenecessary firmness of the law enforcement agencies in
order to carry out his duties can be asdetermined by law.
Penulis: Nadya Lestari Tua
Manullang
Kode Jurnal: jphukumdd160414
