Implementasi Asas Ius Curia Novit Dalam Penafsiran Hukum Putusan Hakim Tentang Keabsahan Penetapan Tersangka

Abstract

This study examined the application of ius curia novit principle in the legal interpretation of the verdicts made by a pretrial single judge who examines the validity of suspect status determination, which is obviously observable from the Decision of the District Court as the first and last dispute settler. This research was of doctrinal type with a legal regulation approach. Of the verdicts of the District Court that adjudicated pretrial cases, some verdicts only examined formal matters or prioritize objective elements that were limited to administrative issues settled by investigators. On the other hand, several verdicts were more valiant to examine subjective elements, including considering the quality of the completed examination. This means that disparity remains to exist in the verdicts when judges examine the validity of suspect status determination. In the future, therefore, to actualize the equality of legal opinions and the uniformity of legal framework objectively, it is important to rearrange the pretrial of suspect status determination based on the Criminal Procedure Code.