LEMBAGA PRAPERADILAN DALAM PERSPEKTIF KINI DAN MASA MENDATANG DALAM HUBUNGANNYA DENGAN HAK ASASI MANUSIA

Abstract

The purpose of this institution was formed so that the rights of
suspects can be protected, especially in the case of arrest or detention is not
lawful, and the termination of the investigation or prosecution. Although these
institutions have been setin the positive law (Law No.8 of 1981) butinits
application, there are still weak nesses in both the formulation and in its
application to the Court that the lack of protection of human rights for
suspects.
The problem is the focus of this research is How to formulate a policy
of criminal law in the pretrial institutions Indonesian positive law in terms of
protection of Human Rights ? How is the application of pretrial institutions
associated with the Human Rights?
This research method Juridical Normative approach to secondary data
research focuses on literary study, by collecting, reviewing and systematically
processed materials or study literature that documents relating to policy
formulation and implementation of pretrial institutions in qualitative analysis,
then made the conclusion that overal laim to represent the role and function of
pretrial institutions both in terms of policy formulation and in the applicable
associated with the protection of human rights.
Settings pretrial institutions in Indonesia, especially concerning the
death of pretrial requests caused by the start of a criminal investigation in
court. With these reasons, the object is not checked pretrial petition
completely through a pretrial decision to consider whether legal or intended
application.
Needed legal reform (Policy) to the rules of pretrial institutions
ideally with emphasizethe protection of both human right sofsuspectsand
victims. Pretrial institute legal reform in terms of substance and structure with
changing the way existing is not the best way, but more important is the
renewal of the cultural aspects of law, ethics and science of themoral law
legaleducation.
Keywords: Policy Formulation pretrial Institute, Human Right