ABSTRACT
Unfair trial can be defined as a process in which the judicial procedures are not conducted in a fair manner. A balance system is needed in an effort to evaluate such conduct in the criminal procedure. In this context, pretrial has a role as a balance system to ensure the implementation of the principle of fair trial. In the Indonesian Code of Criminal Procedure (KUHAP), pretrial is one of the powers that a district court has in order to examine and decide the legality of an arrest or detention; the legality of the termination of an investigation or prosecution; and requests for compensation or rehabilitation (Article 1 Paragraph 10 of the Law No. 8 of 1981). However, there are several problems related to pretrial—one of which is regarding the implementation of the procedures in restoring the rights of the victims of an unfair trial. This paper is based on empirical legal research done by exploring the victims’, law enforcers’ and other related stakeholders’ experiences.
