Legal Remedies and Protection Against the Dismissal of Pretrial Applications Concerning the Determination of Suspects by Investigators Following the Constitutional Court Decision of the Republic of Indonesia No. 21/PUU-XII/2014 Dated April 28, 2015

Abstract

This study aims to examine the dynamics of legal protection concerning the dismissal of pretrial motions filed by suspects, especially following the Constitutional Court Decision of the Republic of Indonesia No. 21/PUU-XII/2014 dated April 28, 2015. The research employs a normative juridical method with a statutory and conceptual approach, and qualitative descriptive data analysis. Primary, secondary, and tertiary legal materials were examined to understand the rights of suspects within the context of Indonesian criminal procedural law. The findings indicate that, in practice, investigators often exploit legal loopholes to dismiss pretrial motions by delaying attendance at hearings and promptly transferring case files to prosecutors or courts. This strategy results in the pretrial motion being deemed void because the main case has already been heard. Consequently, the constitutional rights of suspects to justice and legal certainty are neglected. Therefore, revisions to the Criminal Procedure Code (KUHAP) and the strengthening of police regulations are necessary to ensure the protection of suspects' rights during investigations. In conclusion, pretrial proceedings as a supervisory mechanism over investigative actions remain ineffective due to weak technical regulations and insufficient internal and external oversight. Regulatory reform and integrity enhancement of law enforcement officers are recommended to uphold the principle of due process of law in Indonesia's criminal justice system.