Keabsahan Penetapan Tersangka oleh Penyidik Kepolisian: Analisis Yuridis Normatif terhadap Putusan Prapradilan No. 13/Pid.Pra/2021/PN.Kdi

Abstrak

An important part of any criminal inquiry is the official designation of a suspect, which must adhere to the KUHAP, the concept of due process, and be backed by legally acceptable evidence in accordance with Indonesian law. As a result of Constitutional Court Decision No 21/PUU-XII/2014, judges may now check the legitimacy of investigation activities by reviewing the suspect designation before trial. The purpose of this research is to look at the right way to designate suspects under Indonesian positive law and to investigate the judges' legal reasoning in Pretrial Decision No 13/Pid.Pra/2021/PN Kdi, which found that the police investigators' suspect identification was flawed. Statutory, case law, and conceptual techniques are used in this study as part of a normative legal research process. A qualitative analysis was conducted using library research on the legal resources, which include primary, secondary, and tertiary sources. Because the suspect designation did not completely satisfy the formal and substantive conditions outlined in KUHAP also Constitutional Court Decision No 21/PUU-XII/2014, the court found it legally invalid, according to the findings. In addition, the study confirms that to properly designate a suspect, one must first conduct an investigation, formal inquiry, gather at least two pieces of valid evidence, question witnesses, present the case (gelar perkara), and then issue a letter designating the suspect in compliance with relevant legal provisions. By following these protocols, Indonesia's criminal justice system demonstrates its commitment to human rights protection, legal clarity, and the rule of law. So, for law enforcement to be fair and to avoid abuse of power, it is crucial that suspects be designated in accordance with legal processes.