📅 23 August 2024

IMPLEMENTASI PRAPERADILAN DALAM MELINDUNGI HAKHAK TERSANGKA DAN PIHAK KETIGA DI PENGADILAN NEGERI KOTA SURAKARTA

Dinamika Hukum
Universitas Slamet Riyadi

📄 Abstract

The aim of the research is to examine the implementation of pretrial institutionsat the Surakarta District Court. Obstacles that cause the pretrial control function to notwork as expected. Efforts that can be made so that pre-trial proceedings can runeffectively to realize legal protection for the rights of suspects and third parties from theinvestigation, inquiry and prosecution stages.The background in the Criminal Procedure Code, the criminal justice system inIndonesia consists of the components of investigators, public prosecutors, judges andcorrectional institutions, as law enforcement officers must carry out their duties andauthority consistently, so that the justice system can run in an integrated manner. Inorder to carry out the interests of investigating criminal acts, the law has given authorityto investigators and public prosecutors to carry out coercive measures in the form ofarrest, detention, confiscation and search, these legal actions limit or even conflict withthe rights of suspects, therefore this authority is given.This research method uses normative legal research, namely a process of findinglegal rules, legal principles and legal doctrines to answer the legal issues faced. And thetype of empirical legal research, according to Ronny Hanitijo Soemitro, is legalresearch that obtains data from primary data or data or data obtained directly from thecommunity. The Legislative Approach is an approach taken by examining all laws andregulations related to the legal issue being handled. The qualitative approach is a way ofanalyzing research results that produces analytical descriptive data, namely dataexpressed by respondents in writing or orally as well as real behavior, which isresearched and studied as a whole.The research results show that the implementation of pretrial in protecting therights of suspects and third parties at the Surakarta District Court, namely that pretrialplays an important role in protecting individual rights, especially the rights of suspectsand third parties. This includes the right to freedom, the right to information, the right tojustice, and other rights that may be threatened during the legal process. Severalobstacles can be identified in the implementation of pretrial to protect the rights ofsuspects and third parties in the District Court: 1) lack of understanding of the lawamong the community. 2) Limited resources, both financial and personnel, can be anobstacle in providing adequate access to the pretrial process. c) Slow pretrial processescan reduce their effectiveness in protecting individual rights. d) Political pressure andpublic opinion can influence the independence of the District Court in handling pretrialcases. In an effort to realize the effectiveness of pretrial as a means of legal protectionfor the rights of suspects and third parties in the District Court, several steps can betaken: Holding a legal education campaign targeting the general public, law enforcersand advocates, to increase understanding of pretrial and rights individual. Create a legalaid system that is easily accessible for those who need it, especially for those who areeconomically disadvantaged. This could include funding for pro bono advocates, freelegal clinics, or affordable legal resources.Keywords: Pretrial Implementation

â„šī¸ Informasi Publikasi

Tanggal Publikasi
23 August 2024
Volume / Nomor / Tahun
Volume 15, Nomor 2, Tahun 2024

📝 HOW TO CITE

NUR RIDO PRABOWO, R. AHMAD, "IMPLEMENTASI PRAPERADILAN DALAM MELINDUNGI HAKHAK TERSANGKA DAN PIHAK KETIGA DI PENGADILAN NEGERI KOTA SURAKARTA," Dinamika Hukum, vol. 15, no. 2, Aug. 2024.

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