Analisis Kepastian Hukum Putusan Pra Peradilan Terhadap Tersangka Tindak Pidana Korupsi (Studi Putusan Pra Peradilan Nomor:02/Pid.Pra/2022/Pntbh)

Abstract

This study explores the challenges of legal certainty within pretrial institutions in Indonesia, particularly in the context of corruption. The study focuses on Pretrial Decision Number 02/Pid.Pra/2022/PN Tembilahan, which annulled Indra Muchlis Adnan's suspect status. Problems arise when investigators frequently ignore the effectiveness of the final and binding pretrial decision through re-determination of the suspect. Using a normative juridical research method with a case-based and statutory approach, the results show that legal certainty is not achieved absolutely due to ambiguity in the implementation of new evidence (novum) as stipulated in PERMA No. 4 of 2016. The study concludes that the judicial oversight function must be strengthened so that pretrial proceedings are not merely procedural formalities but rather substantive protectors of the suspect's human rights.