Pabuaran, Andarias Betteng
(2019)
Tinjauan yuridis perintah penyidikan dan perintah penetapan tersangka oleh hakim kepada komisi pemberantasan korupsi melalui putusan praperadilan (studi kasus putusan no. 24/pid/pra/2018/pn.Jkt.Sel) = Judicial review on investigation order and determination suspect order by judge toward corruption eradication commission through the pretrial decision (case study south jakarta district court number 24/pid/pra/2018/pn.Jkt.Sel.
Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.
Abstract
Pretrial review function is to examine the legal validity of forced effort by the law
enforcer such as arrest, detention, the termination of investigation, the termination of
prosecution, seizure and searching. According to the Law of Republic Indonesia
Number 8 Year 1981 concerning The Law of Criminal Procedural, judge as the
officials of the court has only authority to examine the case submitted to him. In early
2018, the Anti Corruption Community of Indonesia filed pretrial request to South
Jakarta District Court in respect of the termination of investigation on Century Bank
corruption case. The pretrial applicant demands the judge to give orders toward
Corruption Eradication Commission of Indonesia to do investigation and assign
suspect over Boediono, Muliaman D Hadad, Raden Pardede, and others as stated at
the indichtment letter of Budi Mulya. The judge who examine the request stated to
order Corruption Eradication Commission of Indonesia to do investigation and
determination suspect over those names that the applicant mentioned. The writer sees
the inconcistency of the judge to apply the rule of law which set up in The Law of
Criminal Procedural. According to The Law of Criminal Procedural, Judge has no
authority to give investigation order and determination suspect order. The one who
has authority is only the investigator as mentioned in The Law of Criminal
Procedural. Based on this, the writer conduct a judicial review over the judge decision
that is contrary to the The Law of Criminal Procedural. The writer using normative
research with literature data collection techniques. To support the information
provided in this paper, the writer interviewed investigator of the Corruption
Eradication Commission of Indonesia. The author conclude that the judge who decide
the case has exceeded his authority which is regulated in the laws and regulations.
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