PENANGGUHAN PENAHANAN TERHADAP GISEL ANASTASIA DITINJAU DARI KITAB UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG TENTANG PORNOGRAFI

Abstract

Suspension of detention is regulated in Article 31 of Law no. 8 of 1981 concerning
Criminal Procedure Law, which states that at the request of a suspect or defendant,
an investigator or public prosecutor or judge, in accordance with their respective
authority, can hold a suspension of detention with or without a guarantee of money
or a guarantee of person, based on the conditions. which is determined. These
requirements are regulated in Article 21 paragraph (1) of the Criminal Procedure
Code or referred to as subjective requirements and Article 21 paragraph (4) KUHAP
or so-called objective requirements. The subjective view carried out by the Polda
Metro Jaya investigators in suspending detention of a case (GA) is not in accordance
or continuous with Article 21 paragraph (1) of the Criminal Procedure Code
according to the author's subjective view. Against (GA) is charged with Article 4
paragraph (1) jo. Article 29 and / or Article 8 of Law no. 44 of 2008 concerning
Pornography. The criminal regulation that ensnares (GA) is in the form of
imprisonment for more than five years. If seen from the objective requirements, this
is not in accordance with Article 21 paragraph (4) of the Criminal Procedure Code.
Article 21 paragraph (4) of the Criminal Procedure Code states that the conditions for
detention of a suspect or defendant cannot be withdrawn, the suspect's or
defendant's relationship with a prison sentence of more than five years