MENGANALISIS REGULASI PRAPENUNTUTAN UNTUK MENJAMIN KEPASTIAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Pre-prosecution is the return of investigation case files from the public prosecutor to investigators to be completed based on instructions from the public prosecutor as per the regulations. The regulations do not limit the return of pre-prosecution case files between the public prosecutor and the investigator, thus the pre-prosecution stage often results in reciprocal passing of case files which results in the erosion of legal certainty for the suspect. This research aims to determine pre-prosecution that guarantees legal certainty in the criminal justice system in Indonesia. The research method uses normative juridical research with data sources from literature studies which are linked to legislative literature on the theories and doctrines of experts. The research results found that to create legal certainty at the pre-prosecution stage, legal consequences must be provided to prevent abuse of authority. Based on leading research, it has been concluded that the legal consequences of creating certainty at the pre-prosecution stage are that the suspect can carry out pre-trial resistance by declaring the case file null and void and/or inadmissible. Thus, to solve this problem, alternative suggestions were put forward, such as increasing the pre-prosecution time, which was originally 14 days, then adding another 14 days. Consequently, if the accumulation exceeds 28 days, the case file can be declared maladministrative.