THE ARREST OF SUSPECTED CRIMINAL OFFENSES BY INVESTIGATE AUTHORITIES ACCORDING TO THE CRIMINAL CODE AND ITS IMPLEMENTATION

Abstract

Article 1 point 20 of the Criminal Procedure Code reads: An arrest is an investigation action

in the form of temporary restraint of the freedoms of a suspect or defendant if there is sufficient evidence for the purpose of investigation or prosecution and/or judiciary in respect of and in accordance with the manner laid down in this law.

The acts and authorities prescribed by the Criminal Procedure Code for investigators in the limitation in one's freedom and human rights, from the process of arresting, detention, seizure and searching are an act that should be placed in proportion for the sake of examination and desperately needed in its application as the provision of the presumption of innocent. If the method of arrest is not in accordance with the Criminal Procedure Code, the consequences can be made pre-trial efforts. The procedures contained in the Criminal Procedure Code are not yet fully implemented, particularly the provisions of Article 19 of the Criminal Procedure Code, the time limit for arrest is only one day, whereas to meet the inspection procedures cannot be done in one day and also the provisions of Article 54 of KUHAP and Article 56 of KUHAP. Therefore through the writing of International Journal entitled: “The arrest of suspected criminal offenses by investigative authorities according to the Criminal Code and its implementation" can be analyzed and discussed in the preparation of this Journal.

The purpose of this paper is to determine the extent of the implementation of arrests by investigators in the territory of the State Police Resort Pematangsiantar North Sumatra and analyze the constraints faced by investigators in applying several articles of arrest under the Criminal Procedure Code. From the analysis results, it can be obtained any constraints in terms of making arrests according to juridical and technical aspects, there are many witnesses who are willing to be a witness at a criminal event.

Keywords: Suspect/Defendant, Arrest,Presumption of innocence