WIBOWO, Afitditya Arief (2023) Praperadilan Terhadap Tidak Sahnya Penghentian Perkara Secara Diam-Diam Dalam Tahap Penyidikan. Masters thesis, Universitas Jenderal Soedirman.

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Abstract

SUMMARY AFIDITYA ARIEF WIBOWO, Master of Law Study Program, Postgraduate Program, Jenderal Soedirman University, "Pretrial against the illegal termination of a case secretly in the investigation phase", Advisory Commission, Prof. Dr. Hibnu Nugroho, S.H., M.Hum, Member, Dr. Budiyono, S.H., M.Hum. The main problem that is being discussed in this study is the act of coercion from investigators who can be requested pretrial and silent termination of cases in the investigation stage can be used as an excuse for pretrial requests for illegal termination of investigations. This research was conducted using research methods with a normative juridical approach or legal approach, this research is descriptive in nature. Data collection by means of literature study, is presented in the form of narrative text which is arranged systematically, and analyzed normatively qualitatively. Based on the results of the research and discussion, it can be concluded as follows: The acts of coercion from investigators that can be requested pretrial are: a) Whether the arrest is legal or not; b) Whether the detention is legal or not; c) Whether the search is legal; d) Whether the confiscation is legal or not; d) Whether the determination of the suspect is valid or not. Investigator's actions which are not coercive measures that can be submitted to pre-trial are: a) Whether or not the termination of the investigation is legal; b) The SPDP which was not notified to the reported party at the time of status as the reported party had not received the SPDP or after 7 (seven) days of submission of the SPDP to the reported party at that time. c) Compensation in the case of: 1) The suspect is arrested, detained, prosecuted and tried or subjected to other actions, without reasons based on law or because of a mistake regarding the person or the law applied; 2) Arrest or detention as well as other actions without reasons based on law or due to a mistake regarding the person or the law applied or the case was not submitted to the district court. Sudden termination of a case during the investigation stage cannot be used as an excuse for a pretrial request against the invalidity of an investigation termination, because a pretrial request based on valid reasons or not is juridically unknown in the Criminal Procedure Code and jurisprudence in Indonesia. Therefore, whether the reason for stopping the case secretly or not is valid is not the object of pretrial. Keywords: Pretrial, case termination, in the investigation stage

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