New Criminal Procedure Code Changes Rules on Detention, Yusril: Now Can Be Sued in Court
JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra stated that the implementation of the new Criminal Procedure Code (KUHAP) changed the mechanism for detaining suspects. Investigators are no longer free to detain because every decision can be tested in court.
Yusril made this explanation when answering questions about the former Jampidsus Febrie who has not been detained in the case currently handled by the Attorney General's Office.
"If it is about being detained or not being detained, it is the consideration of the investigators," said Yusril at the Presidential Palace Complex, Jakarta, Monday (20/7).
According to Yusril, the KUHAP only provides space for suspects to sue every decision of investigators through the pre-trial mechanism.
"In the new KUHAP, every decision of the investigator can be challenged in court," he said.
Yusril explained that continued detention could only be carried out if there were reasons stipulated by law, such as concerns that the suspect would flee, destroy evidence, or repeat the crime.
He assessed that the new KUHAP approach emphasizes human rights protection more than the previous rules.
"This new KUHP upholds human rights values more so that investigators do not arbitrarily detain," he said.