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Since the birth of regulations no.8 year 1984 about Criminal Proceedings,
then called as The Book of Law Code of Criminal Procedure or in short KUHAP, it
found fundamental new things if we differed with Herziene Indonesische
Reglement (H.I.R) that called as Reglemen Indonesi that recovered (R.I.B) which
loaded in staatsblad no. 44 year 1941. One of new things that include in The Book
of Law Code of Criminal Procedure is pretrial, e.g authority of Country court Judge
to do test towards the caught was valid or not, the detention was valid or not, the
stopping of investigation was valid or not, the stopping of prosecution was valid or
not and also establish compensation or rehabilitation towards the stopped case on
investigation level or prosecution. This pretrial considered as completing medium
for law enforcement tools needs to dominate law, do their duty according prevailing
laws. On the other side, pretrial was importance that has advantage for spying
towards protection of the rights of suspects. So violate towards someone the right
would be avoid from bad indeed of law enforcement. Pretrial that need evidenced is
caught or detention was valid or not, and stopping of investigation or stopping of
prosecution valid or not. If caught or detention was valid, so suspects can ask the
compensation and rehabilitation. Although it’s clear from the explanation above,
the writer saw in this pretrial practice was not done as well as the provisions yet.
Kata Kunci : praperadilan, tersangka, pidana, PengadilanNegeri
