LEGAL RECONSTRUCTION OF PRETRIAL PROCEDURE ON THE RIGHTS OF THE APPLICANT OR THE APPLICANT ASSOCIATED WITH JUSTICE VALUE-BASED REMEDY

Abstract

Pretrial is expected to be the foundation for justice seekers to protect their rights from the actions of law enforcers who abuse their authority (abuse of power). However, in its development, pretrial still found weaknesses which actually harm justice seekers both formally and materially. The purpose of this research is to analyze and find related to pretrial procedural law regulations on the rights of the applicant or respondent in relation to legal remedies that are not based on the value of justice, to analyze and find weaknesses in pretrial procedural law regulations on the rights of the plaintiff or respondent in relation to current legal remedies. , as well as finding the reconstruction of pretrial procedural law regulations on the rights of the Petitioner or Respondent Associated with Legal Measures Based on the Value of Justice. The paradigm in this study is the paradigm of constructivism (legal constructivism) which is a paradigm that sees truth as a legal reality that is relative and applies according to specific contexts that are considered relevant by social actors. This type of research is qualitative research. The approach method in this research is socio-legal-research research. The legal theory used as an analytical knife includes the grand theory of justice theory, middle theory of legal system theory and Applied Theory of legal protection theory. The results of the study found that (1) the Regulation of Pretrial Procedure Law Against the Rights of the Petitioner or Respondent Associated with Legal Remedies has not been based on the value of justice, namely that there is no opportunity provided in the Law for the applicant and the respondent when declared defeated in a pretrial hearing to take legal action . (2) Weaknesses in pretrial procedural law regulations regarding the rights of the Petitioner or Respondent in relation to current legal remedies are weaknesses in legal substance, weaknesses in legal structure and weaknesses in legal culture. single pretrial judge is very risky to examine pretrial, especially regarding the object of determination of the suspect, because the nuances of subjectivity are very strong. The trial period of only 7 (seven working days) results in examining and deciding pretrial cases with the object of determining the suspect being felt to be a weakness in pretrial procedural law. Because the material examined by the pretrial judge is actually not only about administration but has entered the realm of substance. (3) Reconstruction of pretrial procedural law regulations on the rights of the applicant or respondent is linked to legal remedies based on the values of justice, namely by the reconstruction of the values of justice and legal norms in Article 78 paragraph 2, Article 82 letter c, and Article 83 paragraph (1) of the Criminal Procedure Code.

Keywords: Pretrial; Procedural Law; Reconstruction; Justice;

DOI: 10.7176/JLPG/132-06

Publication date:May 31^st 2023