DOI: 10.36347/sjahss.2021.v09i12.009

Pages: 655-664

This research based on the reform era where the problem of the criminal justice system has an extraordinary development, especially with pretrial institutions. The most urgent thing in the development of pretrial is the independence of judges and human rights. On the other hand, it is also about emphasizing the eradication of corruption. Before reforms in 1998, pretrial institutions were not so hard in their ripples. However, after the formation of the Corruption Eradication Commission (CEC) in 2002, then this pretrial institution became a problem intended to fulfill the protection of human rights to encouraging the eradication of corruption. The independence of the judge in the process of pretrial with the judge single models, does not create the possibility of un-independence of judiciary? In terms of results in the form of a decision, the pretrial judge's decision has similarities with the verdict of Constitutional Court (MK), which is final and finding. The difference between Constitutional Court’s decision and the pretrial decision where the decision of the Constitutional Court is based on the results of plenary session with 9 assemblies, while the pretrial decision is led by one a single judge. Another difference lies in its executorial strength. This is what the researcher tried to study how the essence of pretrial, then as much as possible new concept for the Criminal Code draft will be found later.