JAMINAN PENANGGUHAN PENAHAHAN DALAM PROSES PENYELESAIAN PERKARA PIDANA BERDASARKAN HUKUM ACARA PIDANA

Abstract

Based on Article 31 of the Criminal Code which regulates suspension of detention and allows investigators, public prosecutors and judges to grant requests for suspension made by suspects or defendants or their families to institutions that organize them based on the presence or absence of a personal or monetary guarantee. This study aims to determine the basic factors that must be considered by law enforcement officials in making a decision whether to grant suspended detention to a defendant or to use personal guarantees or money guarantees. This research uses empirical legal research methods, or legal research that looks at the facts and phenomena found in the field and refers to the rules that form the basis and guidelines for behavior. According to the findings of this study, the term "suspended detention" does not refer to "release from detention". Meanwhile, what is meant by "suspended detention" is that the suspect or defendant will be released from detention as long as the legal and official detention period is still ongoing and within the legal detention period. The suspect or defendant submits a request for a suspension of detention granted by the agency that is detaining or legally responsible for the detention in accordance with the conditions and guarantees stipulated. Guarantees for postponement of detention can be in the form of guarantees in the form of people or money. Government Regulation no. 35 and 36 regulate security deposits in the form of money or person. 27 In 1983 the Criminal Procedure Code stipulated that the authorized official was responsible for determining the amount of security deposit according to his level. inspection and keep it in the Registrar's Office of the District Court. For bail, individuals can become legal counsel for the detainee, his family, or other individuals who have no relationship with the detainee. The identity of the person being secured must be clear.