According to Article 1 number 21 of the Criminal Procedure Code (“KUHAP”), detention is the placement of a suspect or defendant in a certain place by an investigator, or a public prosecutor or judge with his determination, in matters and according to the method regulated in this law. . In practice, the status of detainees is often prolonged because the police investigation process is still ongoing.
According to Article 7 paragraph (1) letter d of the Criminal Procedure Code, investigators (in this case the police) because of their obligations have the authority to make arrests. The detention itself is divided according to its importance. Article 20 of the Criminal Procedure Code divides the detention into 3 (three), namely:
a. For the purposes of investigation, investigators or assistant investigators on orders from investigators are authorized to make detentions
b. For the purposes of prosecution, the public prosecutor is authorized to carry out further detention or detention
c. For the purpose of examining the judge in a court session with his stipulation, he is authorized to make detention
Based on article 22 of the Criminal Procedure Code (1) Types of detention can be in the form of:
- State detention
- house detention house arrest
- City Detention
Elucidation of paragraph
(1): As long as there is no state detention house in the place concerned, detention can be carried out at the state police office, the state prosecutor’s office, in a correctional institution, in a hospital and under compelling circumstances in other places.
(2). House arrest is carried out in the residence or residence of the suspect or defendant by carrying out supervision over him to avoid anything that may cause difficulties in the investigation, prosecution, or examination in court.
(3). City detention is carried out in the city of residence or residence of the suspect or defendant, with the obligation for the suspect or defendant to report himself at the specified time.
Explanation of paragraphs (2) and (3): The suspect or defendant may only leave the house or town with the permission of the investigator, public prosecutor or judge who gave the detention order. (4) For city detention, the reduction is one-fifth of the total length of detention, while for house arrest one-third of the total length of detention; Explanation of paragraph (4); quite clear (5). For city detention, the reduction is one-fifth of the total length of detention, while for house arrest one-third of the total length of detention. Explanation of paragraph (5): Quite clear
