Juridical Review of Pretrial on Repeated Suspect Designation Using Investigation Orders Previously Nullified by Court Decisions

Abstract

This study examines the phenomenon of repeated suspect designation in Indonesia's criminal justice system, particularly following the annulment of a previous suspect designation through pretrial mechanisms. Pretrial processes aim to test the legality of law enforcement actions such as arrests, detentions, and suspect designations to safeguard human rights. However, legal issues arise when investigators again designate someone as a suspect after their status has been annulled, raising questions about the legality of such actions and potential violations of the ne bis in idem principle, which prohibits trying someone for the same matter more than once. The research seeks to analyze investigators' authority to issue new investigation orders after annulment and its implications for suspects' rights and applicable legal principles such as justice and legal certainty. Using a normative juridical approach, the study identifies legal gaps in regulations governing repeated suspect designation post-annulment. It also explores comparative applications of the ne bis in idem principle in international and Indonesian law and evaluates oversight mechanisms for investigator authority. Findings indicate significant revisions are needed in Indonesia’s legal system to clarify legal boundaries on repeated suspect designations and strengthen law enforcement oversight. The study offers recommendations to improve regulations, enhance transparency in legal processes, and provide training for law enforcers to better safeguard human rights at all judicial stages. Thus, this research contributes to the development of a fairer, more efficient criminal justice system and boosts public trust in Indonesia’s legal integrity