PRAPERADILAN TUNTUTAN GANTI RUGI

Abstrak

Pretrial Claims for Damages Where the Case Is Stopped at the Investigation and Prosecution Level" This study aims to analyze the mechanism for resolving claims for damages in pretrial at the Tenggarong District Court, focusing on the legal considerations underlying the rejection of the application.

This study aims to examine in depth the mechanism for settling compensation claims in pretrial at the Tenggarong District Court. The mechanism for settling claims for compensation in pretrial at the Tenggarong District Court involves several stages in accordance with the applicable legal provisions. In this context, the applicant filed a claim for compensation due to arrest, detention, and prosecution that was deemed unlawful by law enforcement officials. The losses in question include material and immaterial aspects. The process begins with the submission of an application for damages, which is then followed by an examination of the completeness of the documents and the validity of the claim by a single judge. Judges have an important role in assessing whether the applicant meets the requirements set out in Article 95 of the Criminal Procedure Code (KUHAP).

If the judge finds that the applicant does not meet the legal requirements, then the application will be rejected, and the judgment will declare that the application is inadmissible. This decision reflects the judge's thoroughness in ensuring compliance with applicable legal procedures. The legal considerations underlying the rejection of a claim for damages relate to broader regulations, including the Criminal Procedure Code and Law No. 48 of 2009 on Judicial Power, which gives suspects, defendants, or convicts the right to seek damages for unlawful legal actions.

In decision Number 1/Pid.Pra/2024/PN Trg, the legal consideration of refusal involves the validity of the actions of law enforcement officials and the legal process that has run to the level of Review. The legal provisions state that pretrial does not apply to cases that already have a verdict, so the panel of judges rejected the application submitted. The study also proposes that the police do not need to wait for official directions from the court to make compensation after a decision has permanent legal force, in order to speed up the process and protect the public interest. From the advocacy aspect, lawyers must be more thorough in handling cases and ensure that all legal steps are followed correctly.

Keywords; Pretrial, Claims for Compensation