Gelar Perkara dalam Proses Penyidikan Tindak Pidana di Kepolisian Hubungannya dengan Praperadilan

摘要

This thesis discusses about the problems that will occur in the process of criminal investigation in police department in relation to pretrial court. Police of the Republic of Indonesia as one of the tools of law enforcement should be able to increase its capabilities, both physical and technical ability of an investigation through the development of science and technology. Besides that, the ability of technology will affects the emergence of a new operation model in committing of a crime is not uncommon to creates difficulties for investigators in uncovering the elements of a criminal offense of crimes itself. Coordination between law enforcements have been implemented through the Supreme Court, the Prosecutor and Police ( MAHKEJAPOL) aim to identify perceptions about the interpretation of the rules contained in the Code of Criminal Procedure, but in practice still found differences in opinion of the interpretation of laws between the investigator and the Legal Counsel and the Public Prosecutor. The problems in this thesis are why the applicant argues it unlawful determination of the suspect because of the absence of his case, how pretrial proceedings against the determination of the suspect connected with the absence of his case and How relevant is the existence of his case by a pre-trial in the determination of suspects in criminal law formal future. The method used in the study through two approaches, namely normative juridical and empirical jurisdiction. Normative juridical approach is done by studying books, reading materials, literature legislation that support and relate to the review of the law against rules that are considered in accordance with legal research written theoretical principles of law, the legal basis, and legal concepts. The empirical approach is an approach for obtaining primary data, aimed at the application of the provisions of the legislation which is the case in reality, both as attitudes, opinions, or attitudes towards the process of his case in the criminal investigation and pretrial Polda West Kalimantan. Based on the results of research and discussion that the functions of the case in a criminal investigation is an effort to help the investigation to provide an objective and a clear legal status and legal aspects of a problem for the investigator in a case that in the judgment of the investigator is not clear. That the pretrial proceedings against the determination of the suspect in relation absence of the first degree is through registration pretrial, registration official district court, the determination of individual judges and the trial, the next session of the pretrial determination of the suspect carried out no later than 7 (seven) days with the agenda trial schedule today the first is the reading of the pretrial by the applicant (the suspect or his family), the schedule of session of the second day is the reading of the answers by the Respondent (the investigator who handled the case), the agenda of session of the third day was reply of the defendant, the agenda of session of the fourth day that the event respond reading of Respondent applicant , the agenda of the fifth session of the day with a letter proving agenda and examination of witnesses for both the applicant and the Respondent, the agenda of the sixth session of the day with the agenda of delivering the conclusion of each of the respondent and the applicant and the seventh day the verdict agenda, Based on the conclusion that the process of investigation of criminal in police department the future, should be implemented in the case and the case is input / formulated in the formal criminal (draft Penal Code) with a complete format, such as the case of the load position chronology. Evidence which has been obtained by investigators with information leading to the description of the elements of a criminal offense who sued. The analysis of the evidence have been found with the description of sufficient or whether that evidence to support the proof should be based on the examination of witnesses who testified own synchronization or adjustment so that the value of the testimony of witnesses have power as evidence and the case prevents procedural mistakes investigations can result in their pretrial legal loopholes, but it also means the case control surveillance and control in the process of criminal investigation.