Penetapan Tersangka Korupsi Oleh Kpk Tanpa Bukti Permulaan Yang Cukup Sebagai Dasar Permohonan Praperadilan Ditinjau Dari Asas Due Of Process

Abstract

     This research aims to determine whether the determination corruption suspect by Corruption Eradication Comission (KPK) without sufficient preliminary evidence in accordance with the principle of due process in law enforcement. This type of research used by the authors to draw up legal research are doctrinal legal research.  The author uses the approach of the case (case approach), that is by doing research on cases pertaining who already have permanent legal force. Legal materials analysis techniques used by the author is to use legal reasoning by deduction.

     Ilham Arif Sirajuddin as The Former Mayor of Makassar named as a suspect by KPK with allegations of coruption. Determination of suspects conducted by KPK are based on preliminary evidence without sufficient due process of investigation is to perform the examination of witnesses, searches, seizure, blocking the account in bank and blocking abroad by KPK after the determination of the suspect. As suspected, Ilham Arif Sirajuddin feeling has occurred arbitrariness since establishment as a suspect was not done according to the procedure applicable law, not only unlawfull but also lead to human rights violations. This is because since the establishment as a suspect result in the loss of a number of civil and political rights as the citizens. Based on research conducted by the author,the obtained result thah the suspects linked to the establishment of corruption committed by KPK without sufficient preliminary evidence is not compatible with the principles of due process in law enforcement.

        Keywords: determination of the suspect, due process, sufficient preliminary evidence