The Function of Pretrial Institution in the Decision of Limitation on the Duration of Investigation to Enforce Law in Indonesia According to the Perspective of Human Rights

Abstract

Indonesia as a country that embraced the system of due process model demands its citizens to put forward the rights possessed by the suspect in the criminal proceedings process.In the process of examination before the trial to the stage of prosecution is very vulnerable to violations. In order to provide protection against the enforcement of the rights of the suspect, Criminal Procedure Code gave birth to Pretrial institutions. Pretrial prejudices in the Criminal Procedure Code are new and are used to protect the rights of suspects in the investigation process. Due to the nature of Pretrial that put forward the knowledge of law, to protect the rights possessed by suspect, it requires the role of legal counsel. However, not everyone can present legal counsel in the litigation process,due to the high cost of services. Based on this issue, it can be said that Pretrial Institution in the criminal procedure law is essentially not only to adjudicate in relation to the harmful actions of society, but also the arbitrariness of government apparatus, law enforcers, and others. Normatively there is no regulation regarding the time limit (limitation) of investigation in Criminal Procedure Code, but only set the limit of detention’s duration. While the suspect's status will only cease or has been completed in the event of termination of the investigation by the issuance of an Inquiry Letter on Termination or the file has been declared as complete and then submitted to the prosecutor to be tried in court. This indefinite investigation resulted in uncertainty on the duration of a person should bear the suspect's status, and causing harm to the suspect.

Keywords: Due Process Model, Suspect, Pretrial, Criminal, Investigation, Limitation.