Legal Literacy - Learn about pre-trial institutions in Indonesia, including basic principles, definitions, scope, submission procedures, and related decisions. Find complete information about the important role of this institution in the criminal justice system.

Introduction

The pre-trial institution in Indonesia, which is regulated by Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), is an important element in the criminal justice system. The birth of this institution was inspired by the principles of Habeas Corpus in the Anglo Saxon justice system, which provides fundamental guarantees for human rights. This article will thoroughly examine the pre-trial institution, starting from its definition, scope, procedures, to its decisions.

Definition and Scope of Pre-Trial

Definition of Pre-Trial

In general, pre-trial is a trial conducted before the main court hearing to handle the actual subject matter. According to the Big Indonesian Dictionary, "pre" means preliminary or before, so pre-trial is everything that concerns court cases before the subject matter is discussed.

According to Article 1 number 10 Law No. 8 of 1981, pre-trial is the authority of the district court to examine and decide cases according to the method regulated in the KUHAP. The scope of pre-trial is regulated in Article 77 of the KUHAP, which includes:

  • The legality or illegality of the arrest and/or detention at the request of the suspect or another party on his authority.
  • The legality or illegality of the termination of investigation or prosecution.
  • Requests for compensation or rehabilitation by the suspect or another party on his authority.