Penemuan Hukum Oleh Hakim Atas Syarat
Hak Gugat Organisasi Lembaga Swadaya Masyarakat
Dalam Mengajukan Gugatan Praperadilan Pasca Putusan Mahkamah Konstitusi Nomor: 98/PUU-X/2012
Lawsuit right of non-governmental organization when asking pretrial lawsuit became a dynamic of law enforcement in Indonesia. However, the polemics appeared when the legal dispute occured but the legal framework had not been accommodated. That was normal, because it was the dynamic of a law advancement. Pretrial is the authority of the district court to investigate and decide the manner set in law. The issues was raised regarding the lack of clarity in the Criminal Code of who the interested third party was, it had caused multiple interpretations on the meaning of the interested third party as provided for in Article 80 of the Criminal Code. The problems in this study included whether the Constitutional Court Decision No: 98/PUU-X/2012 had been implemented by the judges in handling pretrial lawsuit by NGOs and how the invention methods of the law by the judge in determining the terms of the legal standing of NGOs in filing pretrial lawsuit after the Constitutional Court Decision No: 98/PUU-X/2012. This research was aimed to find out whether the Constitutional Court Decision No: 98/PUU-X/2012 had been implemented by the judges in handling pretrial lawsuit by NGOs and to find out the method of discovery of the law by the judge in determining the terms of the legal standing of NGOs in filing pretrial lawsuit after the verdict post. The results of the discovery of this law could be a reference for the dynamic of law enforcement in Indonesia.
KEYWORDS: Legal Discovery, The Third Party, Pretria
