KEPASTIAN HUKUM SURAT PERINTAH PENGHENTIAN PENYELIDIKAN (SP2LIDIK) PASCA GELAR PERKARA KHUSUS: ANALISIS NORMATIF TERHADAP FINALITAS DAN PERLINDUNGAN HUKUM

Abstract

The Order to Terminate an Investigation (Surat Perintah Penghentian Penyelidikan or SP2LIDIK) constitutes a legal instrument used to terminate an investigation when the examination and case review indicate that no criminal event has occurred or that there are insufficient grounds to proceed to the investigation stage. A legal problem arises when an SP2LIDIK issued following an ordinary case hearing may subsequently be challenged through a complaint to a superior police unit and followed by a special case hearing, while the legal framework does not clearly regulate the finality of SP2LIDIK or the circumstances under which it may be subject to further review. This condition potentially creates legal uncertainty for both complainants and reported parties and may undermine the authority of investigators in making investigative decisions. This study aims to examine the legal status and certainty of SP2LIDIK following a special case hearing and to formulate a normative framework that ensures the finality of the decision without eliminating institutional oversight. This study employs normative juridical research using statutory and conceptual approaches. Secondary legal materials are analyzed qualitatively and prescriptively using Gustav Radbruch's theory of legal certainty as the analytical framework. The findings demonstrate that the existing regulatory framework does not provide clear parameters concerning the finality of SP2LIDIK or the circumstances that justify its reconsideration through a special case hearing. This regulatory ambiguity creates room for divergent interpretations, potentially resulting in legal uncertainty and inadequate protection for the parties and investigators. Therefore, regulatory strengthening is required by establishing that an SP2LIDIK becomes final and binding after the completion of a case hearing, except where new evidence (novum) or substantial procedural violations are identified. Such regulation should be accompanied by limitations on the authority to conduct special case hearings, an obligation to provide written legal reasoning, and a proportionate oversight mechanism to ensure legal certainty and protection of the rights of all parties. 

Keywords: Legal Certainty; SP2LIDIK; Special Case Hearing; Finality of Decision; Legal Protection.