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CHAPTER II Evaluation on the Pretrial Detention Necessity
A. General requirements on pretrial detention
The basis for detention covers the legal basis, condition, and the requirements that give the possibility to the law enforcers to execute a detention. These elements are supporting each other,
and if one element is absent, the detention will not fulfill the legality principle. Pursuant to KUHAP, pretrial detention may be conducted if it satisfies the following requirements:
1. The suspect or the defendant is an alleged perpetrator;
2. The allegation is based on the sufficient evidence;
3. The suspect or the defendant has committed a crime or has participated in a crime that
subject to five years of imprisonment or more; 4.
Condition that causes concern: i the accused or the defendant will escape from the process; ii will damage or destroy physical evidence; and iii will repeat the crime that he
committed. A person may be detained if heshe has been determined as a suspect by the investigator after the
investigation resulted in sufficient preliminary evidence, namely two types of evidence.
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In determining the sufficient preliminary evidence, investigator will conduct an expose.
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Sufficient preliminary evidences are determined by the police report and two types of evidences, namely:
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i Witness statement obtained by the investigator;
ii Expert statement obtained by the investigator;
iii Letters; atau
iv Clues.
The main point in executing pretrial detention is to assure that the suspectdefendant will attend the trial. To assess this condition, there are four indicators that may be used:
1. There is a risk that if the suspect is not detained, heshe will not attend the trial;
2. There is a risk that if the suspect is not detained, heshe will conduct an act that will hamper
the judicial process; 3.
There is a risk that if the suspect is not detained, heshe will committ another crime; 4.
There is a risk that if the suspect is not detained, heshe will cause public disturbance; I additio , o sde i g the o ditio of the i e, su h as ph si al iole e agai s a othe pe so s
body or property, may also be used as an indicator. Other indicator that may also be used is by considering the level of the crime, whether it is a serious crime
—which will cause threat for other pe so s safet o p ope t —or not.
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Article 66 1 of the Chief of National Police Regulation No. 12 Tahun 2009.
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Article 66 1 of the Chief of National Police Regulation No. 12 Tahun 2009..
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Article 66 2 of the Chief of National Police Regulation No. 12 Tahun 2009..
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B. The evaluation standards on pretrial detention
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