The Scope of Pre-Trial Post Constitutional Court Ruling

Abstract

The research aims to analyze the scope of the Pretrial Decision post-decision of the Constitutional Court and the legal considerations of pretrial judges’ post-decision of the Constitutional Court. This research is a normative legal research using the legislative, conceptual, and case approaches. The research found that first, the scope of the Pretrial Decision post-decision of the Constitutional Court has been expanded regarding the "determination of suspects post-decision of the Constitutional Court Number: 21/PUU-XII/2014", "limitation of the material legal scope of pretrial post-decision of the Constitutional Court Number: 109/PUU-XIII/2015", "expiration of pretrial petition post-decision of the Constitutional Court Number: 102/PUU-XIII/2015", and "submission of SPDP post-decision of the Constitutional Court Number: 130/PUU-XIII/2015". Second, some legal considerations by the District Court judges who examine, adjudicate, and decide on pretrial petitions post-decision of the Constitutional Court still vary in perspectives and their application to the submission of pretrial petitions post-decision of the Constitutional Court. Among them can be found from the legal considerations by the Judge in Decision Number: 3/Pid.Pra/2023/PN.Pya, Decision Number: 2/Pid.Pra/2023/PN.Sbw, Decision Number: 5/Pid.Pra/2023/PN.Mlg, and Decision Number: 2/Pid.Pra/2024/PN Jkt.Sel.