Pretrial is an institution in the Indonesian criminal justice system in the lives of
law enforcement. Pretrial court is not an institution the stands alone but is part of
the district court. Pretrial authority under Article 1 point 10 and Article 77 of the
Criminal Code of Indonesian that is checking the validity of the arrest and
detention, whether legitimate or termination of the investigation or the
discontinuation of the prosecution, the request for compensation and
rehabilitation. Problems arise when a decision of district court pretrial in south
jakarta, granted the request of the suspect determination of Police General
Commissioner Budi Gunawan to stop the investigation about himself againts
Indonesian Corruption Eradication Commission (KPK). Pretrial became an
attention again since district court judge of south jakarta accepted Setya
Novanto’s lawsuit of pretrial Nomor 97/Pid.Prap/2017/PN Jak.Sel. setya novanto
was determined as a suspect. The judge considered that the determination of
Novanto as a suspect by KPK was not in accordance with the procedure. Type of
this research is a normative legal norms in constitution. the obtained data were
collected and analyzed qualitatively. In conclusion, The Judge’s Considerations
In Accepting Pretrial Lawsuit for Determination Of a Corruption Suspect (Case
study of Putusan Nomor 97/Pid.Prap/2017/PN Jak.Sel.) are determination of
suspect by KPK was conducted in the first phase of investigation, and the
evidences that have been used in the previous case cannot be used again in other
case.