Ketimpangan Penegakan Hukum dalam Proses Penetapan Tersangka oleh Aparat Kepolisian dalam Kasus Pegi Setiawan

Abstrak

This study aims to analyze the inequality in law enforcement in the process of determining suspects by the police through the examination of Pretrial Decision Number 10/Pid.Pra/2024/PN Bdg. The background of this study is rooted in the importance of the rule of law and the principle of fair legal process in the Indonesian criminal justice system, particularly in the determination of suspects, which must be carried out based on valid and fair legal procedures. The research problem focuses on the judge's legal considerations in declaring the determination of a suspect null and void, as well as how the procedure for determining suspects by police investigators must be carried out in accordance with the principle of fair legal process. This study uses normative legal research with a statutory, case, and conceptual legal approach. The existing findings describe that in Pretrial Decision Number 10/Pid.Pra/2024/PN Bdg, the judge declared the determination of a suspect invalid because the investigator failed to examine the potential suspect before determining the suspect status and failed to present at least two valid pieces of evidence as outlined in Article 184 of the Indonesian Criminal Code. In conclusion, the determination of suspects must be carried out professionally, objectively, transparently, and accountably by upholding the principles of fair legal process, the presumption of innocence, and the protection of human rights to ensure legal certainty and justice in the criminal justice system.