pre-trial authority after the decisions of the constitutional court no.21-puu-xii-2014

the pre-trial scope has actually been limited by article 77 of the criminal procedure code. however, the development of the law for the past 5 (five) years has broken through the boundary and preceded the discussion of the draft criminal procedure code. the expansion of the pre-trial scope, especially regarding the determination of suspects, was started before the constitutional court decision no. 21/puu-xii/2014 was issued. this research is normative legal research. it utilizes statute approach, conceptual approach and case approach. based on the statement that the category of legal issues is a vague norm, the analytical instrument used is historical legal interpretation. the results of this study are to expand the pre-trial authority to examine and decide: 1) whether the determination of the suspect is valid; 2) whether the search is valid; dan 3) whether the seizure is valid. in addition, the pre-trial authority in judicial practice is extended to the inability of investigators to conduct investigations to the suspects (the legal subjects).