IMPLEMENTASI PRAPERADILAN DALAM MELINDUNGI HAKHAK TERSANGKA DAN PIHAK KETIGA DI PENGADILAN NEGERI KOTA SURAKARTA

Abstract

The aim of the research is to examine the implementation of pretrial institutions
at the Surakarta District Court. Obstacles that cause the pretrial control function to not
work as expected. Efforts that can be made so that pre-trial proceedings can run
effectively to realize legal protection for the rights of suspects and third parties from the
investigation, inquiry and prosecution stages.
The background in the Criminal Procedure Code, the criminal justice system in
Indonesia consists of the components of investigators, public prosecutors, judges and
correctional institutions, as law enforcement officers must carry out their duties and
authority consistently, so that the justice system can run in an integrated manner. In
order to carry out the interests of investigating criminal acts, the law has given authority
to investigators and public prosecutors to carry out coercive measures in the form of
arrest, detention, confiscation and search, these legal actions limit or even conflict with
the rights of suspects, therefore this authority is given.
This research method uses normative legal research, namely a process of finding
legal rules, legal principles and legal doctrines to answer the legal issues faced. And the
type of empirical legal research, according to Ronny Hanitijo Soemitro, is legal
research that obtains data from primary data or data or data obtained directly from the
community. The Legislative Approach is an approach taken by examining all laws and
regulations related to the legal issue being handled. The qualitative approach is a way of
analyzing research results that produces analytical descriptive data, namely data
expressed by respondents in writing or orally as well as real behavior, which is
researched and studied as a whole.
The research results show that the implementation of pretrial in protecting the
rights of suspects and third parties at the Surakarta District Court, namely that pretrial
plays an important role in protecting individual rights, especially the rights of suspects
and third parties. This includes the right to freedom, the right to information, the right to
justice, and other rights that may be threatened during the legal process. Several
obstacles can be identified in the implementation of pretrial to protect the rights of
suspects and third parties in the District Court: 1) lack of understanding of the law
among the community. 2) Limited resources, both financial and personnel, can be an
obstacle in providing adequate access to the pretrial process. c) Slow pretrial processes
can reduce their effectiveness in protecting individual rights. d) Political pressure and
public opinion can influence the independence of the District Court in handling pretrial
cases. In an effort to realize the effectiveness of pretrial as a means of legal protection
for the rights of suspects and third parties in the District Court, several steps can be
taken: Holding a legal education campaign targeting the general public, law enforcers
and advocates, to increase understanding of pretrial and rights individual. Create a legal
aid system that is easily accessible for those who need it, especially for those who are
economically disadvantaged. This could include funding for pro bono advocates, free
legal clinics, or affordable legal resources.
Keywords: Pretrial Implementation