T The dismissal of pretrial motions is regulated in article 82 paragraph (1) letter d of the criminal procedure code, which has been constitutionally interpreted with the issuance of constitutional court decision number 102/puu-xiii/2015. based on these two regulations, a pretrial motion is dismissed when the pretrial hearing has not been completed, but the main case has been transferred and the first hearing has begun in the district court. meanwhile, in the marisa district court pre-trial decision number 3/pid.pra/2022/pn.mar, the judge dismissed the pre-trial motion before the first hearing began and chose to disregard the constitutional court decision. this study aims to analyze the conformity of the judge\\\'s verdict and considerations in the a quo decision with the provisions in the criminal procedure code and the constitutional court decision and to examine what provisions should be used as guidance by judges in dismissing pretrial decisions. the type of research used is normative with a descriptive nature that is analyzed qualitatively and conclusions are drawn deductively. the results of this study show that the pretrial ruling is not in accordance with the provisions of the criminal procedure code and constitutional court decision number 102/puu-xiii/2015 because it was handed down before the first official hearing began. this indicates a violation of the final and binding principle in the constitutional court\\\'s decision, which resulted in the loss of the suspect\\\'s right to justice.