This book is one of the results of research conducted on legal remedies against pretrial decisions which have been the topic of intense discussion in the repertoire of Criminal Procedure Law in the development of judicial practice in Indonesia.
Starting from the idea that legal remedies are rights with the essence of rights being the principle elements of human rights which are inherent in everyone as legal subjects, efforts must be made to apply them optimally according to the context of the problem.
Limitation of legal remedies in the form of an appeal against pretrial decisions with the enactment of the decision of the Constitutional Court of the Republic of Indonesia Number 65/PUU-IX/2011 and Cassation in Article 45 A paragraph (1) of Law Number. 3 of 2009 concerning the Supreme Court and Judicial Review (PK) in the Regulation of the Supreme Court of the Republic of Indonesia (Perma) Number. 4 of 2016, creating legal uncertainty regarding Pretrial decisions containing errors/mistakes because legal remedies against Pretrial decisions have been completely closed.
This book tries to provide an alternative solution to a special Pretrial decision regarding the Invalidity of Termination of Investigation (SP3) carried out by an Investigator who is declared invalid by a Pretrial decision, if the decision in question contains/contains fundamental errors/mistakes (grosserror), it is urgent to obtain given the right to investigators to file a judicial review (PK) as an extraordinary legal remedy.
The practice of criminal justice related to pretrial cases has several times resulted in errors/mistakes, such as the pretrial decision where the petitum orders that someone be designated as a suspect even though it is the main domain of the criminal case and is not the authority of the pretrial institution, so this can be seen as gross error, so in the perspective of legal certainty as one of the legal objectives is to make extraordinary legal remedies in the form of a Judicial Review (PK) an alternative that is quite urgent to be offered.
Finally, I hope this book can provide benefits for law enforcers in enforcing criminal law in Indonesia.
Writer,
