ANALISISASAS PERADILAN CEPAT SEDERHANA DAN BIAYA RINGAN DIKAITKAN DENGANDUE PROCESS OF LAWTERHADAPGUGURNYA PRAPERADILAN BERDASARKAN PASAL 82 AYAT (1) HURUF D KITAB UNDANG-UNDANG HUKUM ACARA PIDANA JO PUTUSANMAHKAMAH KONSTITUSI NOMOR 102/PUU-XIII/2015

Abstract

The principle of due process of law in criminal procedure law contains two things processes
and procedures. There must be no legal process without procedures, and the procedure is carried
out without the process of this procedure is prohibited in the procedural law. Based on Law
Number 8 of 1981 concerning Criminal Procedure Law, hereinafter referred to as KUHAP. The
scope of pretrial authority is regulated in Article 1 number 10 Jo Article 77 KUHAP Pre-trial aims
to protect the rights of suspects in the level of investigation and prosecution. Pretrial is
strengthened by the Constitutional Court Decision Number 21 / PUU-XII / 2014. Addition of
pretrial authority to examine and adjudicate whether or not the determination of the suspect, the
validity of the search and acts of seizure. Through the Constitutional Court Decision Number Case
102 / PUU-XIII / 2015 states Article 82 Paragraph (1) letter d of the Criminal Procedure Code is
contrary to the 1945 Constitution and does not have binding legal force as long as the phrase "a
case has begun to be examined" is not interpreted the case has been delegated and the first trial has
been submitted to the subject matter on behalf of the pretrial defendant/ applicant".
The purpose of this essay is: First, to know the principle of fast, simple and low-cost justice
associated with due process of law against the death of pretrial based on Article 82 Paragraph (1)
Letter d of the Criminal Procedure Code jo Decision of the Constitutional Court number 102 /
PUU-XIII / 2015. Second, to find out article 82 paragraph (1) letter d of the Criminal Procedure
Code jo Decision of the Constitutional Court number 102 / PUU-XIII / 2015 has used due process
of law.
This type of research is normative legal research. Namely reviewing the principle of law.
From the results of the problem research there are two main things that are concluded, first, that
the word segara contained in Article 50 paragraph (2), (3) and Article 143 paragraph (1) of the
KUHAP has been interpreted carelessly without looking at the quality of a case file which will be
delegated to the court and does not consider the principle of proof of the second, that there is no
legal standing against the pretrial death verdict carried out by investigators and / or prosecutors in
the delegation of court case files. Even though the pretrial decision is declarative in nature, it states
whether the actions taken by investigators and / or prosecutors are valid or not and have fulfilled
legal processes and procedures fairly as contained in the principle of due process of law.
Keywords: The Principle of Simple Fast Justice and Low Cost - Due Process of Law - Death of
Pretrial