INTERPRETASI TUJUH HARI SIDANG PRAPERADILAN ANTARA HARI KERJA DAN HARI KALENDER DALAM BEBERAPA KASUS PRAPERADILAN DI PENGADILAN NEGERI PEKANBARU

Orde Prianata, Erdianto Effendi, Ferawati Ferawati

Abstract


The pretrial hearing is conducted quickly and the minutes and pretrial decisions
are made like a brief examination and are chaired by a single judge. Seven days is a
provision mandated by the Criminal Procedure Code for the implementation of a quick
and simple pre-trial series, starting from the commencement of the examination. The
Constitutional Court through decision number 78 / PUU-XI / 2013 asserted that at the
latest seven days the pretrial process is to provide legal certainty, especially for
applicants who feel their rights are harmed.
This type of research is empirical juridical research that is as an effort to
approach the problem under study with the nature of law that is real or in accordance
with the reality in the field, because in this study, researchers immediately conduct
research on the location or place under study to provide a complete and clear picture
about the problem under study. The nature of this research is descriptive. This study
uses secondary data, namely data that has been prepared.
The results of this study are the interpretation of judges related to the seven-day
pretrial hearing between workdays and calendar days in some cases and their
relevance to the judge's code of ethics in the Pekanbaru District Court varies. There are
still interpretations of judges who are not in accordance with the provisions of the
KUHAP so that there are still judges who decide that pretrial cases exceed 7 working
days. Fulfillment of the right of the applicant with a related interpretation of the sevenday
pretrial hearing between the working day and calendar day in the Pekanbaru
District Court still contains several cases that indicate the fulfillment of the right of the
applicant in accordance with the provisions in the Criminal Procedure Code. In Article
82 paragraph (1) letter c KUHAP no later than seven days the judge must have made a
decision, while there are still a number of cases where the judge's decision is imposed
more than 7 days.
Keywords: interpretation, seven days trial, pretrial.


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