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 of the
Criminal Code 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
because of the decision Pretrial from south Jakarta district court that granted the
request of the suspect toto chandra to stop the investigation. The decision to
deviate from Article 80 of the Criminal Procedure Code which states' requests to
check the validity of a termination of the investigation or prosecution may be
filed by the prosecutor or interested third parties ", the suspect did not include
subjects who can apply this,the request filed because the investigation is too
long.Based formulation of the problem above, the problem is formulated as
follows: Normatively whether pretrial institution has the authority to examine
and determine the application for termination of the investigation submitted by
the suspect as an applicant? and How the juridical considerations as the basis for
the request case pretrial authority to the request termination of the investigation
submitted by the suspect? The type of study is a normative legal norms in the
from legislation. the obtained data were collected and analyzed qualitatively. In
conclusion, the thought process used is deductively. The conclusion is that the
normative pretrial authorized to examine and adjudicate the request filed by the
termination of the investigation the suspect as the applicant. The reason is the
pretrial judge Muhammad razzad through interpretation considers there has been
a termination of investigation since the investigation has been going on for 5
years and unknown obviousness.