Scope of Pre-Trial

The pre-trial institution covers several important aspects in the criminal law process, including:

Arrest and Detention

One of the main functions of pre-trial is to assess the legality or illegality of arrests and detentions carried out by law enforcement officials. This aims to ensure that the suspect's human rights are not violated during the law enforcement process.

Termination of Investigation and Prosecution

Pre-trial is also authorized to assess the legality or illegality of the termination of investigation and prosecution. This is a control mechanism against the decisions of law enforcement officials in terminating the investigation or prosecution of a criminal case.

Compensation and Rehabilitation

Pre-trial institutions grant the right to suspects or interested parties to file for compensation or rehabilitation if unlawful actions are found in the process of arrest, detention, or termination of investigation and prosecution.

Developments in Pre-Trial Law

In accordance with the decision of the Constitutional Court of the Republic of Indonesia No. 21/PUU-XII/2014, the authority of pre-trial is expanded to include:

  • Determination of the legality of arrest, detention, termination of investigation, or termination of prosecution.
  • Requests for compensation and/or rehabilitation for those whose cases are terminated at the investigation or prosecution level.
  • Determination of suspect status, searches, and confiscations.