RECONSTRUCTION OF DETENTITON REGULATION AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE

Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.


A. INTRODUCTION
After 72 years of independent state of Indonesia, there are still many laws of the Netherlands used in this country.For instance, in material law still use the Criminal Code derived from Wetboek van Straafrecht (WvS), whereas this book in the Netherlands has been repeatedly revised.
To enforce the material criminal law requires formal law (criminal procedure law).Before the entry into force of the Criminal Procedure Code, the formal criminal law is HIR as a guideline in the District Court in both civil cases and civilian criminal cases in Java and Madura.At the beginning of the Criminal Procedure Code, the Indonesian nation was very proud of the creation of the codification and unification of the national criminal procedure law.Especially with some advantages compared with the previous HIR, the presence of Civil Code has given great hope for the realization of criminal law enforcement that is more effective, fair, and upholds the dignity of human beings.Therefore, it is not surprising that at the beginning of the enactment of the Criminal Procedure Code (KUHAP) was mentioned among the observers of the law as the "masterpiece" of the Indonesian nation.1 In the case of the detention to the suspect or the defendant in criminal procedure law has a weakness, so the investigator is too easy to decide to hold someone.Investigators are still using maximum retention mechanisms to the maximum extent of detention allowed by legislation even if they have found sufficient evidence.This resulted in places of detention in Indonesia full and over capacity.The detention should be the last alternative of a suspect or a defendant a crime.

Reconstruction Of Detentiton Regulation Against A Suspect Or Defendant
In Accordance With Civil Code Based On Justice Muhammad Khambali Detention, which in principle is a restriction on human rights, conducted by investigators and prosecutors without a court of law, makes detention difficult to control.The practice of transferring types of detention and also the suspension of detention using the services of lawyers (advocates) is often also aggravated.It is because of the subjective reason that the authorities authorized to hold the detention are concerned on the suspect or defendant is uncooperative at the time of the examination, so that the arbitrary official in detention overrides the request for the transfer of detention or suspension of detention.
Detention is a form of deprivation of one's freedom of movement.
In the detention there is a conflict between two principles: the right of one's human rights which must be respected on the one hand, and the interests of public order on the other side which must be maintained for the people or society of the criminal acts of the suspect or defendant.
Therefore, detention should be done if it is urgently needed.The fallacy in detention can lead to fatalities for many parties including executors.2 Officials authorized to do or not to undertake detention, transfer of types of detention, and suspension of detention of a suspect or defendant are in an institution, it gives the authorities the opportunity to withhold, transfer the type of detention, suspend the detention by irregularities by detention against suspects or defendants arbitrarily or even beyond the authority.
Based on the background for the above research, the writer formulated several problems as follows: 1. What are the factors led to the detention of the suspect or the defendant not bringing justice?The nature of the research in this study is the analytical descriptive that describes the rules applicable (law positive) associated with the theory of law and its implementation in the life of society.This study used primary and secondary data sources, obtained through literature studies and field studies, which were then analyzed descriptively qualitatively.

Reconstruction Of Detentiton Regulation Against A Suspect Or Defendant
In Accordance With Civil Code Based On Justice Muhammad Khambali 1. Factors that cause detention of a suspect or a defendant do not bring about justice; Detention is deprivation of someone's independence.In the case of this detention there is a contradiction between two principles, namely the principle of the right to move as a human right which must be respected on the one hand and the interests of public order on the other that must be held for the people or society of the criminal acts of the suspect.
Criminal procedural provisions may exclude universally recognized principles, namely human rights, in particular the right of individual freedoms. 4spects or defendants may submit a request for suspension of detention to a detention official.Officials authorized to detain suspects or defendants are similar to those authorized to grant incarceration of detention.This may provide an opportunity for authorized officials to "trade" (commodification) in the suspension of detention.
Suspension of detention can be done with or without money security or guarantee of person.It is clear that the "conditions" referred to in Article 31 of the Criminal Procedure Code are not related to the issue of guarantees and criteria to be granted or not to request suspension of detention5 .However, requests for suspension of new detentions will be considered if there is a guarantee of money or collateral.If the competent authority requires the suspension of detention with a guarantee of a specified amount of money on the basis of the willingness of the competent authority, the defendant or the defendant is poor cannot fulfill it.10.Law enforcement practices are still legalistic positivism.The way of thinking used is to spell laws and obey procedures by ignoring the value of subsistence justice, as well as abandoning the language of conscience.Law enforcement districts that their work requires a dynastic, so the law is used as a doctor's stethoscope.Legal practice becomes a more busy practice of operating rule and logic rather than wondering whether the function of law in society is well under way.When that happens, it has actually been trapped into the notion of "man for the law", and if law enforcement officers hold to the belief that man is a law, then man will always be cultivated or may be forced to enter into the schemes that have been made by law.So it appears that "justice over rules / procedures". 7

International
2. The impact of detention on suspects or defendants which do not bring about justice; Detention of a suspect or defendant, even as a form of law enforcement, has a negative impact on the individual suspect or defendant, family, community, or country.The impact can be social, economic, psychological, job losses, contracting illness, and so on.The defense of suspects or defendants in accordance with the rules also has a negative impact, moreover the detention of suspects or defendants who violate the rules, arbitrary, and does not bring about justice.The decision to detain a person before he or she is found guilty of a crime is one of the toughest decisions a country or individual can take.
Decisions made instantly by the arresting officer will have a profound and lasting negative impact.
A large number of suspects or defendants held in custody are vulnerable to torture, extortion and disease attacks.They become victims of arbitrary action from officials, corrupt officials, and even from other detainees.They also have only limited information about their human rights.
Suspected suspects or defendants may lose their jobs, and are forced to abandon their families.They are exposed to illness and suffer from physical and mental disorders once their period of detention has ended.Their families also suffer from loss of income and opportunities for education.The multi-generational impact is the children of the prisoners experienced decrease in their education.Excessive pre-trial detention (suspects or defendants) pushes people toward poverty.This encourages prisoners to become unemployed, in uncertainty and increasingly in poverty.This situation also makes people who already live in poverty slumped in to a more severe poverty.It also impedes the development of society as a whole, wastes human potential, and makes state resources deviate from its proper direction.8 Many of the bad consequences caused by the use of detention of suspects or defendants are excessive.Negative impacts of detention on suspects or defendants which did not bring about justice, among others: suspects or defendants lost employment opportunities; suspect or defendant is exposed to factors that encourage chromogenic acts; suspects or defendants are vulnerable to torture, extortion and disease; suspects or defendants who have lost their jobs; suspects or defendants are forced to abandon their children's education, even forced to sell assets for sale to finance life and face cases facing a suspect or defendant; as well as stigma as a criminal (criminal) attached to the suspect or defendant in public.
The socioeconomic impact of detention on suspects or defendants is not only experienced by suspects or defendants themselves, but affects their families because of the loss of jobs and income as a result of excessive detention.The impact is very hard to deal with in poor and developing countries where the state does not provide reliable financial aid to the poor and it is not unusual for a family member to become a support in funding the whole family.
Impact of detention on suspects or defendants for families, among others: disruption of the family economy that tends to lead to poverty; families must work hard to survive; children's education is disrupted (failing school); the need for increased expenditure on accommodation, legal fees, and sometimes even the cost of "bribes"; families have the For the District Court outside Java and Madura apply RBg or Reglemen of Law Procedure for areas outside Java and Madura.International Journal of Law Reconstruction Volume I, Issue 1, September 2017 217 The Criminal Procedure Code expressly decides to revoke Het HerzieneInlandschReglement (Staatsblad Year 1941 Number 44) relating to Law Number 1 Drt of 1951 (State Gazette of 1951 Number 9, Supplement to the State Gazette Number 81) and all its implementing regulations, in other statutory regulations, with limited provisions regarding the criminal procedural law.llaw.In the Civil Code has laid the foundations of humanism and it is a new era in the judicial environment in Indonesia.The Criminal Procedure Code is a national criminal procedure which is based on the philosophy of Pancasila and the 1945 Constitution.
fights between prisoners or detention groups.In addition, limited supervision of the judiciary through pretrial mechanisms against investigative institutions makes arbitrary acts often occur against detainees in the form of torture, whether physical or psychic, during the investigation process.There are two main causes of this situation: 6 year, causing and aggravating poverty, hampering economic development, spreading disease, and weakening the rule of law.Pre-trial detainees may lose their jobs and residence; exposed to the disease and spread the disease; are required to pay bribes to obtain freedom or better conditions of detention; and suffered long-lasting physical and mental disorders once their detention period has ended.
f.The suspect or defendant is entitled to or is required to be accompanied by a legal counsel; g.That an investigation or prosecution has been committed for an unlawful purpose; h.Termination of investigation or cessation of prosecution not based on the principle of opportunity; i.Whether or not a case is required for prosecution; j.Violation of any other suspect rights that occurred during the investigation stage.causing the detention of suspects or defendants do not bring about justice, including: (i) the rules of detention have weaknesses (vague) as Article 21 paragraph (1) of Criminal Procedure Code, so that an arbitrary official may decide to hold someone, (ii) the mechanism of detention is carried out to the maximum extent of the detention limit permitted by the Criminal Procedure Code; (iii) the official subjects are crucial in granting or applying for the transfer of type of detention; (iv) the official subjects are critical in granting demand the suspension of detention, (v) the guarantee of the suspension of a custody in the form of money provides an opportunity for the competent authority to hold the custody with the expectation of the suspect or the defendant; (vi) the guarantee of the suspension of the detention in the form of money gives an opportunity to the competent authority suspension of detention to carry out co-modification of suspension Reconstruction Of Detentiton Regulation Against A Suspect Or DefendantIn Accordance With Civil Code Based On Justice Muhammad Khambali