An Analysis of Pre-Trial Decisions on Legitimate or Not A Suspension of Investigation on Suspected of Alleged Fraud or Emblazzlement Case (Case Study Decision Number: 01/PID.PRA/2016/PN.TJK)

Abstract

Human Right are a fundamental right possessed by every person. One of human right obtains to appropriate law in a law process. One of form realizes a justificable law with public law. Regarding its object, public law consists of the material public and formal public law. The formal public law is the criminal procedure law. In the enforcement of criminal procedure law, surely there is the process of stages, such as investigation stage. The investigation stage is a level in the criminal procedure law process for finding the suspect and collecting proofs as well as the evidence which is immediately able to support handling of a criminal case. In the investigation stage, if the current evidence is not enough there for the investigation can be stopped. The discharging of the current investigation is done after the termination of investigation letter (sp3) has been given, however with the terminattion of investigationcan give a disadvantage to the victim in a certain criminal case. however the victimize party can demand its rightful rights by going though pre-trial process. Pre-tial is a method for protecting the rights of victimize party from the process of trial. One of the pretrial decrees suing the Termination of Investigation Letter is the Pretrial Decision Number 01 / pid.pra / 2016 / PN.Tjk, the pretrial decision shall adjudicate the validity of the Letter of Inquiry Order (SP3) on the alleged criminal act of fraud or embezzlement of The name of Tommy Soekianto sanjoto. The reason for the issuance of a Termination of Inquiry Letter because the case file provided to the Prosecutor's Office is not sufficient evidence. So the file is returned by the Attorney to the Lampung Police. The issues studied are aimed at the basis of legal considerations of the pre-trial application in Pretrial Decision Number 01 / PID.PRA / 2016 / PN.TJK, as well as the relationship between the Pretrial Decision No. 01 / PID.PRA / 2016 / PN.TJK with the provisions of the Book Criminal Procedure Law. This research is analytical descriptive by using normative juridical approach that is through library materials or study on the consideration of pretrial decision No. 01 / PID.PRA / 2016 / PN.TJK. And the suitability of the decision with the Criminal Procedure Code.