Human Rights Protection on Determination for the Suspect of Corruption Crimes

摘要

The pre-trial concept in Indonesia was inspired by commissioner judges in European countries. Basically, a pretrial application is submitted to the court, if there are rights violated. The right to file a pretrial is owned by a suspect or victim, his family, or other authorized parties, investigators and prosecutors, and third parties. Cases that can be applied for pretrial include whether or not the arrest and or detention is valid, whether or not the termination of the investigation or termination of the prosecution, the request for compensation and rehabilitation are valid or not. The judicial process in Indonesia is based on Pancasila, which places human dignity and dignity in its place and implements human rights protection and guarantees. The implementation of the Criminal Procedure Code has stated that pretrial functions are for the purpose of supervision of the protection of the rights of suspects in preliminary examinations of a criminal case, which in principle prioritizes giving protection to human rights since the Criminal Procedure Code also holds a principle of presumption of innocence which essentially states that no one can be found guilty as long as there is no permanent decision from a court hearing.