Vol. 6, Issue 6 (2020)
Reconstruction of the authority of judges in Indonesia in performing detention based on justice value
Author(s): Agus Sugiarto, Gunarto, Sri Endah Wahyuningsih
Abstract: The authority of judges in Indonesia in detaining suspects/defendants is a mixture of the presumption of guilt and the presumption of innocence. This, According to Indonesian Law is not right as Judges should uphold and be based on the presumption of innocence as a manifestation of the suspect/defendant's human rights. According to the author, this problem is interesting to study with the main problem of what is the weakness of the judge's authority to detain a suspect/defendant and how is the reconstruction based on the value of justice. This research type is descriptive-analytical, meaning that the results of this study attempt to provide a comprehensive, in-depth picture of a condition or symptoms being studied. The approach method used in this research is the empirical juridical approach method where the data analysis used in this research is qualitative data analysis. The results of the study indicate that the weaknesses of the detention authority possessed by judges are found in both its substance of Law of the Republic of Indonesia Number 8 of 1981 concerning Procedural Law Crime, structure, and its legal culture and it will give rise to injustice, therefore legal reconstruction is required regarding the authority of judges in ordering detention in the Law of the Republic of Indonesia Number 8 of 1981 concerning Procedural Law Crime which is based on the authority of the Public Prosecutor to prove the charges and demands through a trial process at every level of the judiciary, so that the judge's authority to detain suspects/defendants must be reconstructed, revised or revoked.