Then, the investigator must have criteria to be able to determine whether an act is a criminal act by using scientific knowledge criminal law.

In general, a criminal act is an act that is required to be done or not done and is threatened with punishment by law.

The determination of the status of a person suspected of being the perpetrator of a criminal act is based on the provisions of Law No. 8 of 1981 concerning Criminal Procedure Law.

In general, the law only regulates multi-interpretable conditions that must be met to grant suspect status to a person suspected of being the perpetrator of a criminal act.

If a person is designated as a suspect but the conditions above are not met, then the suspect can file a pre-trial motion, as per the Constitutional Court's decision No. 21/PUU-XII/2014, the Constitutional Court has included the determination of a suspect, search, and confiscation into Article 77 of the Criminal Procedure Code.

The article reads: the district court has the authority to examine and decide, in accordance with the provisions regulated in this Law regarding the legality or illegality of arrest, detention, termination of investigation, or termination of prosecution.

The determination of someone as a suspect still has rights since he began to be examined by the investigator. Even though he has been designated as a suspect who has committed acts that tend to be negative and violate the law, it does not mean that a suspect can be treated arbitrarily and violate his rights.

The suspect is still given rights by the Criminal Procedure Code, one of which is that the suspect is placed in the position of a human being who has dignity and is assessed as a subject not an object, where the criminal act is the object of examination.