KEWENANGAN PRAPERADILAN SEBAGAI SARANA MENCARI KEADILAN BAGI TERSANGKA DALAM SISTEM PERADILAN PIDANA DI INDONESIA (Studi Kasus Praperadilan Nomor: 24/Pid.pra/20 b18/Jaksel)

Abstract

The current abuse of authority can be said as a portrait of law enforcement in Indonesia, where several cases of pretrial applications have been found that have been used as a means to achieve justice for suspects and/or defendants. The consequence of this is the obligation of a judge to make a discovery of the legal vacuum that has occurred. Based on one of the principles of law, namely: Ius Curia Novit, where a judge may not refuse a case given to him on the grounds that there are no legal regulations governing it, it is clear that the judge must fulfill the need for legal vacancies according to the applicable legal system.