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69 J.L. Pol'y & Globalization 26 (2018)
The Function of Pretrial Institution in the Decision of Limitation on the Duration of Investigation to Enforce Law in Indonesia according to the Perspective of Human Rights

handle is hein.journals/jawpglob69 and id is 27 raw text is: Journal of Law, Policy and Globalization www.o ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.69, 2018 ISTE The Function of Pretrial Institution in the Decision of Limitation on the Duration of Investigation to Enforce Law in Indonesia According to the Perspective of Human Rights Anang S. Tornado' I Nyoman Nurjaya2 Prija Djatmika3 Noor Hafidah4 1.Doctorate Candidate at The Faculty of Law, Brawijaya University, Indonesia 2.Professor of Customary Law at The Faculty of Law, Brawijaya University, Indonesia 3.Lecturer at The Faculty of Law, Brawijaya University, Indonesia 4.Lecturer at The Faculty of Law, Lambung Mangkurat University, Banjarmasin Abstract Indonesia as a country that embraced the system of due process model demands its citizens to put forward the rights possessed by the suspect in the criminal proceedings process.In the process of examination before the trial to the stage of prosecution is very vulnerable to violations. In order to provide protection against the enforcement of the rights of the suspect, Criminal Procedure Code gave birth to Pretrial institutions. Pretrial prejudices in the Criminal Procedure Code are new and are used to protect the rights of suspects in the investigation process. Due to the nature of Pretrial that put forward the knowledge of law, to protect the rights possessed by suspect, it requires the role of legal counsel. However, not everyone can present legal counsel in the litigation process,due to the high cost of services. Based on this issue, it can be said that Pretrial Institution in the criminal procedure law is essentially not only to adjudicate in relation to the harmful actions of society, but also the arbitrariness of government apparatus, law enforcers, and others. Normatively there is no regulation regarding the time limit (limitation) of investigation in Criminal Procedure Code, but only set the limit of detention's duration. While the suspect's status will only cease or has been completed in the event of termination of the investigation by the issuance of an Inquiry Letter on Termination or the file has been declared as complete and then submitted to the prosecutor to be tried in court. This indefinite investigation resulted in uncertainty on the duration of a person should bear the suspect's status, and causing harm to the suspect. Keywords: Due Process Model, Suspect, Pretrial, Criminal, Investigation, Limitation. A. Introduction In essence the quality of law enforcement can not be separated from the objective of improving the quality of community life and the quality of sustainable development (sustainable development/sustainable society).' Pretrial is a new thing in the Indonesian judicial world. Pretrial is one of the new institutions introduced by the Criminal Procedure Code in the midst of law enforcement. The birth of Pretrial in KUHAP is an adaptation ofhabeas corpus institution of the Anglo-Saxon criminal justice system. However, the authority given to judges in the judicial process is much more limited than the authority of commissioner judges in countries with civil law 2 traditions in mainland Europe (rechter-commissari, juged'instruction, juez de intruci6n, juizintruglio, and so on). The court provides benefits to the suspects from the arbitrariness of law enforcement officers in conducting the investigation process. The protection of the rights of suspects can be defended in the pretrial process, so that the process runs more transparently and does not harm any parties,even more the suspect. However, in the implementation there are still some weaknesses both in its formulation and in its application in the court, so that there is no human rights protection for the suspect. Related to the determination of suspect in Indonesia still have problems such as about the time limit or limitation of duration to someone. A person under the provisions of Article 109 paragraph (2) of the new Criminal Procedure Code can only cease to have his status as a suspect if his case is terminated. The absence of limitation related to the status of suspect, is a loss to a person who has been designated as a suspect.The status of suspect (without deadline) one of which can be seen from the case handled by KPK (KomisiPemberantasanKorupsi / Commission of Corruption Eradication)on the arrest ofAndiZulkarnaenMallarangeng aka ChoelMallarangeng as suspected alleged corruption on the construction project of National Training, Education, and Sports School Center, in Hambalang, West Java, fiscal year 2010- 2012. The KPK named Cloel as a suspect on December 16, 2015 and was detained at KPK's detention house branchPomdam Jaya Guntur for the following 20 days until 25 February 2017. The status of suspect onChoelMallarangeng due to alleged corruption on the construction project of National Training, Education, and Sports School Centeris one of the weaknesses of Indonesian criminal law system. It has been more than 22 months since ChoelMallarangeng did not receive legal certainty. As explained, ChoelMallarangeng has the rights 'Barda Nawawi Arief, Kapita Selekta Hukum Pidana, Cet, 3, (Bandung: Citra Aditya Bakti 2013), pg. 249. 2Andi Hamzah dan RM Surachman,Pre-Trial Justice Discretionary Justice dalam KUHAP Berbagai Negara, (Jakarta: Sinar Grafika, 2015), pg. 106. 3http: www. Covesia.com. terkatung-katung selama lima tahun, akhirnya Choel Mallarangeng Ditahan KPK. Accessed on 29 May 2017. 26

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