Termination of Pretrial Process upon Commencement of the Subject Matter in the Indonesian Criminal Justice System Perspective

¹ Faculty of Law, University of Trunojoyo Madura, Indonesia  
² Study Program of Law, Tidar University, Magelang, Indonesia  

^* Corresponding author: te.effendi@trunojoyo.ac.id

Abstract

The instruments of pretrial arrangements prescribed in the Criminal Procedure Code are insufficient to regulate pretrial mechanisms in practice. The problems in question are related to the pretrial examination period. Pretrial shall be carried out speedily within seven days at the latest or pretrial examination should be stopped if the first examination of the subject matter commenced. In conjunction with a criminal justice system, the pretrial and subject matter examination system are different and separate sub-systems, although integrated in a series of criminal justice systems. The purpose of this paper is to examine whether the pretrial termination due to the examination of the subject matter is appropriate according to criminal justice system perspective. This research is a doctrinal research with the statute approach and conceptual approach, by reviewing the pretrial arrangement relating to the concept of criminal justice system. Examination at the pretrial and the subject matter are two different and separate sub-systems. They should not exclude each other, the examination of subject matter should not the pretrial process, or the subject matter examination cannot be started before pretrial verdict have passed.