Check Out The Complete Detention And Extension Procedures According To Law Number 8 Of 1981

YOGYAKARTA The procedures for detention and extension of detention are regulated in the Criminal Procedure Code (KUHAP).

According to Law Number 8 of 1981 concerning the Criminal Procedure Law, detention is the placement of suspects or defendants in certain places by investigators, or public prosecutors or judges with their stipulation, in terms of and according to the manner regulated in the law.

Detention can be done on the grounds of investigation, prosecution or examination at court hearings,

Detention can only be carried out against a suspect or defendant who is suspected of committing a crime who is threatened with five years in prison or more.

The detention was carried out because of concerns that the suspect or defendant would run away, damage, or destroy evidence or repeat the crime.

Detention and Extension Procedures

The detention procedure according to Law Number 8/1981 concerning the Criminal Procedure Law, detention is carried out by the investigator or public prosecutor by giving a warrant for the detention or determination of a judge who includes the identity of the suspect or defendant and mentions the reasons for detention.

The detention warrant must include a brief explanation of the alleged or charged crime case and the place of detention of the suspect or defendant.

Next, the suspect or defendant was taken to the detention center. According to Article 22 of Law Number 8 of 1981, the type of detention can be in the form of:

If there is no detention in the person concerned, the detention can be carried out at the police station, state prosecutor's office and correctional institutions.

In addition, detention can also be carried out in certain places that can be used as a place of treatment, such as a hospital or a place for drug rehabilitation.

The house detention was carried out at the residence or residence of the suspect or the defendant by conducting supervision of him to avoid anything that could cause difficulties in the investigation, prosecution or examination at trial.

The city detention was carried out in the city where the suspect or defendant lived, with the obligation of the suspect or defendant to report himself at the specified time.

The detention order given by the investigator is only valid for a maximum of twenty days.

The detention period by investigators can be extended no later than 40 days and the detention by the public prosecutor can be extended to 30 days if the examination of the defendant or suspect has not been completed.

Untuk perintah penahan yang diberikan hakim pengadilan daerah dan pengadilan tinggi berlaku paling lama 30 hari. Perpanjangan penahan selama 60 hari dapat dilakukan jika pemeriksaan belum selesai.

Meanwhile, the detention order given by the Supreme Court judge is valid for a maximum of 50 days and can be given an extension of detention for 60 days if the examination is not completed.

The extension of detention can only be carried out by an authorized official based on the reasons and resummation of the results of the examination given to him.

As for the authorities who can provide an extension of detention, namely:

If during the extension of the alleged crime case it has not been decided, then the suspect or defendant must be expelled from detention by law.

Regarding the extension of detention, the suspect or defendant may file an objection at the level:

This is information on the procedures for detention and extension of detention according to Law Number 9/1981. Update on the latest news developments is only on VOI.id.