Pertimbangan Hakim Pada Praperadilan Penetapan Seseorang Menjadi Tersangka Tindak Pidana Korupsi

Abstract

ABSTRACT

 Pretrial a legal action against the unauthorized inspection or not an investigation or prosecution process, especially in the determination of a person as a suspect, pretrial stipulated in Article 1 point 10 of the law of criminal procedure (Criminal Code). The problems of this study are; 1) How consideration of the judge of the pretrial petition relating to the determination of a person as a suspect in a corruption case number 01/Pid.Pra /2016/PN.Kbr? 2) How does the application of the law against the applicant relating to the determination of pretrial person becomes a suspect in a corruption case number 01/Pid.Pra2016/PN.Kbr? This study used normative approach. Data used include primary and secondary data. Data collected by the documentary study. The data were analyzed qualitatively. The conclusions of the study; 1) Consideration of the applicants pretrial law relating to the determination of a person as a suspect in a corruption case number 01/Pid.Pra/2016/ PN.Kbr in the judge's ruling states, rejected the applicant in its entirety, states warrant an investigation by the District Attorney Branch Head Solok in Alahan Panjang Number; print- 01/ N.3.15.7/Fd.1/03/2016 is valid binding legal effect. 2) The verdict in the sentencing in pretrial with the case number 01/Pd.Pra /2016/Pn.Kbr decided to reject the applicant's request in full, states warrant an investigation by the Branch Chief State Prosecutor Solok in Alahan Panjang No. 01/ N.3.15. 7/Fd.1/03/2016 is valid and binding legal effect.

Keywords ; Consideration Justice, Crime, corruption, Pretrial