Legal Efforts of the Prosecutor's Office Against the Pretrial Decision Ordering the Prosecutor's Office to Immediately Transfer the Case to Trial (Case Study of the Poso District Court Decision Number 3/Pid.Pra/2018/PN Pso dated 20 September 2018)

Abstract

The criminal justice system can be simply defined as the process carried out by the state against people who violate criminal laws.^[1] Therefore, it is necessary to make an “effort to restore violated norms and rules to restore the balance of order in society through law enforcement. Research methods are very much needed in order to conduct research that is directed, effective and efficient in its implementation. Legal research is a scientific activity based on certain methods, systematics and thoughts that aim to study one or several legal phenomena by analyzing them, in addition to that, an in-depth examination of legal facts is also carried out to prevent problems that arise in the relevant phenomena.^[2] Methodology is knowledge about various ways of working that are adjusted to the object of study of the science concerned. The Praperadilan Judge of the Poso District Court as per the Poso District Court Decision No. 3/Pid.Pra/2018/PN Pso has exceeded his authority and there has been a judicial error or a clear error in trying the object of the pretrial motion in the a quo case because the basis for submitting the pretrial motion is the Notification Letter on the Progress of Investigation Results (SP2HP) from the investigator and the absence of a Letter of Termination at either the Investigation or Prosecution level (SP3) means that the Panel of Judges should not be able to accept the pretrial motion because the pretrial motion is not based on law or is premature.