Procedural Justice on Paper, Substantive Injustice in Practice? Pretrial Rulings (Praperadilan) and Rights Protection

Abstract

Pretrial proceedings (praperadilan) are designed to safeguard individual rights against arbitrary law enforcement actions. In practice, however, pretrial rulings in Indonesia have produced inconsistent interpretations and outcomes. This paper examines the role of praperadilan in shaping court justice within the criminal justice process. Using normative analysis of criminal procedure law and selected pretrial decisions, the study explores how judges interpret procedural safeguards such as lawful arrest, detention, and suspect determination. The findings suggest that expansive or restrictive interpretations of praperadilan jurisdiction significantly affect access to judicial protection. By analyzing pretrial adjudication as a form of rights-based justice, the paper highlights tensions between procedural legality and substantive fairness. It argues that inconsistent judicial approaches risk transforming praperadilan into a formalistic ritual rather than an effective mechanism for court justice.