| dc.description.abstract | The law is a collection of rules that must be obeyed by all people in a society with the threat
of having to compensate for losses or get criminal if they violate or ignore these rules, so
that an orderly and fair life in that society can be achieved. The conception that embodies
that Indonesia is a state of law basically has joints that are universal, such as the
recognition and protection of human rights, the legality of the actions of the state or
government in the sense of a legally accountable state apparatus, and the guarantee of
Free Justice. The type of writing used by the author is juridical normative (legal research)
juridical normative research is carried out by examining various rules of law that have a
formal nature, namely laws, regulations and literature that contain theoretical concepts
that are then connected to the problems that the author will discuss in this dissertation
research. Pretrial as part of the criminal justice system in force in Indonesia is an effort to
combat crimes that are penal by using criminal law as the main means of material criminal
law and formal criminal law. Pretrial as part of law enforcement, as stated by Barda
Nawawi Arief that the problem of law enforcement, both in abstracto and in concreto is an
actual problem that has recently received a sharp spotlight from the public. As is the case
with the implementation of pretrial which is part of a principle of the rule of law which is
that a rule of law has various criteria and elements.Based on the foregoing, the
philosophical basis of the pre-trial arrangement in Indonesian criminal law is based on the
existence of human rights, namely because Indonesia is a state of law based on Pancasila
and recognizes human rights. The idea of a pretrial institution was born from inspiration
derived from Habeas Corpus in the Anglo Saxon judiciary, which provided a fundamental
guarantee to the human being of the right to independence. | en_US |
