Termination Of Detention Requirements In Police And Procedures For Advancement

Illustration of the suspension of detention (Freepic)

YOGYAKARTA - The suspension of detention was filed by Actor Pierre Gruno for the case of abuse he committed at Bar in Cilandak, South Jakarta. However, the South Jakarta Metro Police rejected the request from Pierre Gruno. What are the conditions for the suspension of detention and what are the procedures for filing?

Suspension of detention is one of the things that the suspect has in criminal law. Suspension of detention is an attempt to remove the suspect from detention at the request of the person concerned, so that the suspect can be temporarily released from detention.

The right of the suspect to apply for a suspension of detention has been regulated in Article 31 paragraph (1) of the Criminal Procedure Code, which states: at the request of the suspect or defendant, investigator, or public prosecutor or judge, in accordance with their respective authorities, it can hold a suspension of detention with or without guarantee of money or guarantee of person, based on the specified conditions.

So what are the conditions for the suspension of detention and what are the submission procedures?

To apply for a suspension of detention, the suspect must meet a number of requirements. The following are the conditions in the suspension of detention:

The suspect or defendant has the obligation to report regularly to the authorities, such as the court, the police. Report activities are carried out in accordance with the predetermined body. This obligation is enforced to ensure that the suspect remains under legal supervision.

The suspect or defendant is not allowed to leave the house or leave his residence. Unless there is an official permit or urgent need permitted by the authorities. This requirement is applied to ensure the suspect does not run away and remains under surveillance.

Suspects or defendants are not allowed to travel outside the city or leave certain areas without official permission. This is enforced to limit movement and prevent suspects from escaping or eliminating evidence.

In addition to a number of the above conditions, the suspect who applied for a suspension of detention also needed money guarantees and guarantees for people as follows:

The defendant needs to provide guarantees in the form of money to the authorities. The money is kept in the Kepanteraan of the District Court. If the suspect escapes and is not found within three months, the security deposit will be deposited into the State Treasury.

The person's guarantee is someone who guarantees that the suspect will meet the requirements in the process of suspending detention. If the suspect violates or does not meet the requirements then the guarantor must be held accountable.

The rules regarding the guarantee of people are contained in Article 36 of Government Regulation (PP) No. 27 of 1983 concerning the Implementation of the Criminal Code. It is recommended to select guarantor of people from close family members of suspects, such as wives or husbands, parents, children, and others.

Requests for a suspension of detention can be submitted to the institution that issued detention warrants, such as the National Police, the prosecutor's office, or the district court. The following is the procedure for submitting a suspension of detention to the police.

Such is the review of the terms of suspension of detention that must be met by the suspect or defendant who wants to be temporarily released from his detention period.

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