What Detention Suspension Requirements? Here's The Retail

Terms of Suspension of Detention (Freepik)

YOGYAKARTA - The suspect or defendant in a criminal case can be blocked in order to prevent the person from escaping. However, the Criminal Procedure Code allows the suspect or defendant to apply for a suspension of detention so that he can be 'free' temporarily. In this regard, there is a requirement for a suspension of detention that must be met. Let's discuss the terms of suspension of detention...

Check out the following description to understand the requirements for the suspension of detention that must be fulfilled. Not only that, also understand the meaning of the suspension of detention so that there is no misunderstanding.

Definition of Suspension of Detention and Release from Detention: It should be underlined that the suspension and release of prisoners are two different things. The main government is the mechanism for giving it. In the suspension of detention, Article 31 Paragraph (1) of the Criminal Procedure Code explains that requests from suspects or defendants are needed.

Meanwhile, there are two things that are due to the provision of instructions for release from detainees, namely that the interests of examination have been fulfilled and unofficial detention. Article 26 Paragraph (1) of the Criminal Procedure Code explains that for the purpose of examination, judges have the authority to issue a detention instruction letter.

Then, Article 26 Paragraph (3) of the Criminal Procedure Code provides an explanation regarding the release of prisoners because the examination has been fulfilled. The article explains that it is possible that the defendant was removed from detention before his detention is over when the interests of the examination have been fulfilled.

Next, the impact of unofficial detention. Yahya explained, there are several reasons that cause an unofficial detention, such as the detention period is more than the minimum limit and the sanctions that will be imposed do not exceed the terms of detention.

Another thing that Yahya called the main difference from the suspension of detention and release from detention, namely the requirements that exist in the suspension of detention. Release from unconditional prisoners.

Yahya explained that the determination of the requirements was a sine quanon conditio or an absolute requirement in the granting of a suspension of detention. The following is a requirement for a suspension of detention according to Article 31 of the Criminal Procedure Code.

The suspect or defendant has an obligation to report. The frequency of reporting can be every day, once a three days, once a week, and others.

The suspect or defendant had to stay at his house during the period of suspension of detention. This is to avoid various things that can complicate investigations, prosecutions, or examinations in court.

The suspect or defendant is not allowed out of town because he is required to report at a predetermined time.

Money Insurance And People's Guarantee

PP 27/183 explained, there are guarantees that are a requirement in the application for a suspension of detention. Not only the three requirements above, the suspension of detention requires guarantees. The guarantee can be in the form of money (Article 35 PP 27/1883) and guarantees for people (Article 36 PP 27/1883).

The guarantee or guarantee is determined by an official who has the authority according to the level of examination and is stored in the secretariat of the district court. Meanwhile, guarantees of persons or underwriters get family, legal advisors, or people who have no relationship with the suspect or defendant.

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