This research aim is to examine and analyze pre-trial implementation of delegation and trial of main cases based on Law Number 8 of 1981 concerning Criminal Procedure Law in Indonesia currently and How to reconstruct the policy formulation of the pre-trial decision on the delegation and trial of the main case in an effort to maximize the pre-trial function in the criminal justice system in Indonesia in accordance with the value of justice? this research uses the method of empirical juridical approach where The data used in this study are primary data and secondary data, using qualitative analysis. The results showed that the Problems that arise in the pre-trial implementation of the delegation and trial of the main case based on Law Number 8 of 1981 cannot be applied because in Article 156 paragraph (1) the Court is not authorized to hear the case, or the indictment cannot be accepted, or the indictment must be annulled, or pre-trial has been granted regarding legal or Whether or not arrest, detention, termination of investigation or prosecution, compensation and or rehabilitation for a person whose criminal case is terminated at the level of investigation or prosecution, and whether or not the determination of a suspect is valid therefore, The reconstruction of the policy formulation of the decision of the Pre-Trial against the delegation and trial of the main case is by adding a sentence (phrase) so that in order to uphold justice and legal certainty the judge has a legal basis or reason for accepting objections or the exception of the accused or his legal adviser.