PENGATURAN MEKANISME PELIMPAHAN POKOK PERKARA KE PENGADILAN NEGERI DIKAITKAN DENGAN PUTUSAN PRAPERADILAN YANG DITERIMA MENURUT KITAB UNDANG-UNDANG HUKUM ACARA PIDANA

Abstract

The judge's verdict accepts pretrial in order to protect the rights of
suspects and defendants for the unauthorized conduct of investigation. In this case
the pretrial verdict number. 19/ Pid.Pra / 2016 / PBR. However, pursuant to
Article 82 Paragraph (1) Sub-Paragraph (d) of the Criminal Procedure Code of
Public Prosecutor for its authority to delegate the principal matter to the district
court registered in the case number 535 / Pid.B / 2016 / PN.RHL. Pursuant to
Article 137 of the Criminal Procedure Code does not have a principle of
presumption of innocence for the rights of suspects and defendants faced before
the court.The purpose of this thesis writing is: First, to know the setting of
delegation of principal case to the district court is associated with the pretrial
decision accepted according to the Criminal Procedure Code. Secondly, to know
the ideal setting of the principal issue of the case to the district court is related to
the pretrial ruling received under the Criminal Procedure Code. Thirdly, to know
the legal consequences of the transfer of principal case to the district court is
related to the pretrial decision accepted according to the Criminal Procedure
Code.This type of research is normative legal research or can be called also
research doctrinal law. From the research result of the problem, there are three
main points that are concluded. Firstly, the regulation of the main issue of the
case to the District Court is related to the pretrial ruling which is accepted based
on Ius Constitutum Article 137 KUHAP there is no legal certainty of regulating
rules. So that the principle of Presumption of Innocence (presumption of
innocence) has ignored the rights of suspects / defendants. Secondly, the ideal
arrangement of the central delegation mechanism to the District Court is related
to the pretrial ruling received that the pretrial judgment received by the judge
then the trial in the district court can not be continued so that it is clearly
mentioned in the legislation in this case the Book Criminal Procedure Code.
Thirdly, the consequence of the law of delegating the principal case to the district
court is related to the pretrial decision received, namely the case investigated is
the cessation of prosecution, the case is null and void. The authority of the public
prosecutor has ignored justice for the rights of the accused / defendant.
Keywords: Setting-Pretrial-Judgment-Principle of Guilty Prediction