PENGUJIAN SAH TIDAKNYA PENETAPAN TERSANGKA DALAM KERANGKA PRAPERADILAN

A pretrial construction as it has been regulated in the Indonesian CriminalProcedure Code had instantly changed after the Constitutional Court decision Number : 21/PUU-XII/2014 that being announced on April 28, 2015. The pretrial construction was initially authorized only to examine and decide the validity of arrest and detention, the validity of investigation and prosecution termination, and the demand for compensation or rehabilitation. The authority of the pretrial by a quo decision was then expanded by adding an examination on the validity of inquiry, the validity of confiscation, and the validity of suspect determination. Although a quo decision is reputed tohave exceeded the authority of the Constitutional Court because it is judged of creating a new norm, a quo decision remains final and tied so that it should be considered as a complement to the Indonesian Criminal Procedure Code.