T The determination of a suspect must be preceded by a suspect determination letter. however, in practice, during an arrest, there are issues between the suspect and the investigator that give rise to a dispute. the issues raised are whether the pretrial judge\\\'s legal considerations regarding the review of the determination of a suspect without a suspect determination letter are in accordance with the provisions of the criminal procedure code (decision study number 4/pid.pra/2022/pn.tte.) and what requirements must be met by the investigator in determining a suspect according to the criminal procedure code. to answer these questions, the author uses a normative research method, the nature of the research is descriptive analytical and the conclusion is drawn using deductive logic. the results of the research, the pretrial judge stated that the determination of the suspect was formally valid, because administrative procedures were carried out by the investigator. however, materially, the determination was not supported by sufficient preliminary evidence and examination of the prospective suspect was not conducted, so it does not reflect the principle of due process of law. and, the determination of the suspect is legally flawed even though the formal aspects are met.