THE POSITION OF PRE-TRIAL IN GUARANTEING THE PROTECTION OF THE RIGHTS OF SUSPECTS AGAINST ABUSE OF INVESTIGATORS' AUTHORITY

Abstract

This study examines the position and effectiveness of pre-trial proceedings as a supervisory mechanism for investigators in the Indonesian criminal procedure system. Pre-trial proceedings are presented as a form of judicial control to prevent abuse of authority by law enforcement officers in the early stages of the judicial process. This study was conducted using a normative approach through analysis of laws and regulations, Constitutional Court decisions, and related legal literature, particularly by highlighting the transformations following Constitutional Court Decision No. 21/PUU-XII/2014, which expanded the scope of pre-trial proceedings.

The research findings indicate that, normatively, pre-trial proceedings have a strong legal basis and play a crucial role in upholding the principle of due process of law. However, in practice, the effectiveness of this institution still faces several serious obstacles. These issues include inconsistent interpretations by judges, unequal positions between applicants and respondents, and the dominance of a procedural formalism approach that ignores the substantial aspects of rights violations. Furthermore, the absence of a firm accountability system for investigators who violate the law, as well as the potential for manipulation of this institution by interested parties, further weaken the oversight function that pre-trial proceedings should perform.

This study recommends reforming the pretrial system, including strengthening the capacity of judges, drafting specific legislation on pretrial proceedings, and restructuring examination procedures to take into account the principle of substantive justice. Without these changes, pretrial proceedings risk becoming a pseudo-mechanism, existing legally and formally but failing functionally to protect citizens' rights from abuse of investigators' authority.