Legal Analysis of the Deadline for Filing a Pretrial Motion for Objects of Termination of Investigation

Abstract

Filing a pretrial motion is one of the mechanisms to control coercive efforts against law enforcement officers, especially in matters such as arrest, detention, confiscation, and termination of investigation. However, in practice, there is a lack of legal norms regarding the time limit for filing a pretrial motion against the object of termination of investigation as regulated in the Criminal Procedure Code. The absence of this regulation has implications for legal uncertainty that is detrimental to both parties seeking justice and law enforcement officers, because it opens up the opportunity for a pretrial motion to be filed at any time without a clear time limit. Based on this background, this study aims to analyze the urgency of regulating the time limit in filing a pretrial motion against termination of investigation and examine how this regulation can reflect the principle of justice that balances the protection of individual rights and legal certainty. This study uses a normative legal method with a statutory approach and a conceptual approach, and is complemented by a comparative study of the habeas corpus system in countries with Anglo-Saxon legal traditions. This study is descriptive-analytical in nature using data collection techniques through literature studies, document studies, and analysis of primary, secondary, and tertiary legal materials. Data analysis is carried out using a qualitative approach through grammatical and systematic interpretation of relevant laws and regulations, including Constitutional Court decisions and the doctrines of legal experts. The purpose of this approach is to produce an in-depth understanding of the problem of pretrial time limits, as well as to offer appropriate legal solutions that can be applied in the criminal law system in Indonesia.