The Court's Ruling on the Determination of Suspect Status by a Pretrial Judge as a Development in Indonesian Criminal Procedure Law

Abstract

This article examines Decision No. 24/Pid.Pra/2018/PN.Jkt.Sel, which orders the Corruption Eradication Commission (KPK) to determine the suspect status of Boediono and related parties in the Bank Century corruption case. The research employs a normative and analytical approach, comparing pretrial practices in other countries and exploring judicial law-making by judges. The findings indicate that the decision is not regulated under the Indonesian Criminal Procedure Code and exceeds the authority of pretrial proceedings, which should only encompass formal aspects. It is recommended that clear limitations on the authority of pretrial proceedings be established and that the mechanism be improved through the Draft Criminal Procedure Code to enhance legal certainty