Analysis of rulings in former pretrial applications Chairman of the Corruption Eradication Commission (KPK)

Pretrial in the Indonesian judicial system always raisessubjective views, therefore the decisions of many times ofmisapplication of the law are included in the pretrialapplication of the former chairman of the FB CorruptionEradication Commission, which was later rejected by thepanel of judges on unprofessional grounds, but evenwhen the corruption case was suspected by theCorruption Eradication Commission and allegedly filed apretrial even granted, that it can be perceived as if thereis such a grudge that the subjective view is used in anunfair way, why is it so that pretrial petition. That thepretrial filed by the FB applicant at the South JakartaNeferi Court not only pays attention to what is regulatedin the Criminal Code, Criminal Procedure Code but thereare laws above it, namely the 1945 Constitution, theJudicial Power Law then the Criminal Code and theCriminal Procedure Code, by looking at the hierarchy oflaws and regulations mentioned above, there will be nolegal process without going through the 1945Constitution, therefore it refers to the 1945 Constitution.Because it is regulated in article 27 of the 1945Constitution, the law and its derivatives also regulate asa manifestation of the 1945 Constitution, where in theframework of Law of the Republic of Indonesia Number27 of 1999 concerning Amendments to the Criminal Codeletter (a reads: that human rights are basic rights that areinherently inherent in human beings, including the rightto obtain legal certainty and equality of position in thecountry. in law, the rights of expression, association andassembly based on Pancasila and the 1945 Constitution;