CD Skripsi
Formulasi Pengaturan Penangguhan Penahanan Dengan Jaminan Uang Oleh Kepolisian, Kejaksaan, Dan Hakim Dalam Hukum Acara Pidana Di Indonesia
Article 31 Paragraph 1 (One) of Law Number 8 of 1981 concerning the
Criminal Procedure Code states that at the request of a suspect or defendant,
investigators, public prosecutors and judges, in accordance with their respective
authorities, may hold a suspension of detention with or without a guarantee of
money. The implementation of the suspension of detention with a guarantee of money
is regulated in Article 35 Paragraph 1 (One) Government Regulation Number 92
Year 2015 Regarding the Second Amendment to Government Regulation Number 27
Year 1983 Regarding the Implementation of the Criminal Procedure Code which
states that the security deposit for the detention determined by the competent
authority in accordance with the level of examination, kept before a district court.
The procedure for suspension of the holding with a guarantee of money is regulated
in Number 8 letter a Attachment to the Decree of the Minister of Justice No.
14.PW.07.03 / 1983. Both Article 35 Paragraph 1 (One) Government Regulation
Number 92 Year 2015 and Number 8 (Eight) letter a Attachment to the Minister of
Justice Decree No. 14.PW.07.03 / 1983 does not regulate the amount of detention
deferment guarantee money and the limitations and considerations in determining the
amount of detention deferral security deposit as a result there is no legal certainty, so
it is necessary to make an idea or idea with the formulation of a detention suspension
arrangement with a money guarantee for the law in the future which will come.
This type of research is a normative legal research that is research conducted
with a literature study or literature study in finding data. This research is descriptive
in nature which provides detailed and detailed data on existing problems. In this
paper using qualitative data analysis which means to explain and conclude about the
data that has been collected by the author. This research uses secondary data or
scientific data that has been codified.
The results of this study are to explain that the limitations in determining the
amount of detention deferral guarantee money so far have not been determined, this
is because there are no relevant laws and regulations governing them. So, the
practice that has occurred so far is the limitation in determining the amount of the
security deposit for detention based on the results of the author's research is based on
the category of criminal acts, namely the severity of the crime and the amount of
personal wealth of the suspect or defendant. The idea or idea that the author offers
for the law in the future is to make restrictions on detention deferral guarantee money
or at least make a price list (list) of detention deferral security deposit by considering
the category of criminal acts, namely the severity or severity of the crime and the
level of the economy suspect or defendant.
Keywords: Formulation - Suspension of Detention - Money Guarante
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