PENINJAUAN KEMBALI PUTUSAN PRAPERADILAN DALAM PERKARA PIDANA

Berlian Simarmata ,

Abstract

Abstract
Praperadilan represent the appliance control to mistake in arrest, detention, stop of investigation and prosecution. Praperadilan only converse the procedure problem, not yet conversed the case of lawsuit. Sighting request return (herziening) addressed to decision about case of lawsuit and had a permanentof decision. Sighting request return (herziening) to decision of praperadilan do not have the legal fun dament in the act of the procedure of criminal law, because opposing against compulsion process the inspection which quickly, its decision not yet concerning case of lawsuit, and also isn’t agreed by Section 45Aof the Act of Appelate Court and jurisprudence. Forcing request return (herziening) to decision of praperadilan will be result in the ugly preseden for the criminal justice system in Indonesia, and surely if Appelate Court accept and also grant it.

Keywords: request return (herziening), arrest

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