Analysis of Non-Government Organizations Position in Filling Pre-Trial for the Purpose of Determining the Suspect

Setiawan, Peter Jeremiah and Fitriyana, Lolita and Negara, Puri Indah Sukma and Choirunnisa, Novia (2021) Analysis of Non-Government Organizations Position in Filling Pre-Trial for the Purpose of Determining the Suspect. Budapest International Research and Critics Institute-Journal (BIRCI-Journal), 04 (1). pp. 492-504. ISSN 2615-1715; E-ISSN 2615-3076

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Abstract

After Decision of the Constitutional Court Number 98 / PUU-X / 2012, NGO include third parties with an interest in submitting pretrial proceedings by terminating investigations or terminating proceedings, but related to Post- Decision of Constitutional Court Number 21 / PUU-XII / 2014, it can be seen that there is an extension of pre-trial proceedings, one of which is the suspect's determination. It actually raises concerns about pre-trial object posed by NGO, whether or not it requires the determination of a suspect, it given that it is not written if it looks at grammatically. Based on background above, this research analyzes about first, can non-governmental organizations submit pre-trial applications for the purpose of determining a suspect? Secondly, what is the concern of juries’ respect to the position of Non-Governmental Organization that submitted a pre-trial application for the purpose of determining the suspect? This research is a normative legal research with an approach to laws, a philosophical approach and a case approach. Based on this research, it has been identified that First, NGO should first submit pre-trial applications for the purpose of assessing a suspect. Whereas, since Article 77(a), which is incidentally the subject-matter of pre-trial proceedings for NGO, has been extended, it should be interpreted that NGO also send pre-trial applications for the purpose of determining the suspect. Secondly, in some justices' reflections based on Constitutional Court's Decision Number: 98 / PUU-X / 2012 on May 21, 2013 jo. The justice considered, in Constitutional Court Decision Number 21/PUU-XII/2014, that the complainant as an NGO has a legal role in bringing a preliminary ruling against the object of suspect’s determination.

Item Type:	Article
Uncontrolled Keywords:	non-government organizations; pre-trial; determining of suspect
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	PETER JEREMIAH SETIAWAN
Date Deposited:	01 Feb 2021 04:29
Last Modified:	26 Sep 2023 04:48
URI:	http://repository.ubaya.ac.id/id/eprint/38809

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