Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-09 | 530-535
Original Research Article
Reconstruction of the Interpretation of Detention by Law Enforcer Based on Pancasila Justice Value
Novriansyah, I Gusti Ayu KRH, Sri Endah Wahyuningsih
Published : Sept. 3, 2021
Abstract
The problem in this study is to find weaknesses of the interpretation of detention by law enforcer in the Indonesian criminal justice system and how to reconstruct it based on the value of Pancasila justice. The approach method used in this study is socio-legal research which relies on the data obtained in the field that are compared to relevant literature and existing laws. The conclusion of this study is that the construction of the interpretation of detention by Law Enforcer is currently not based on the value of justice based on Pancasila, namely detention on the one hand is an authority given by law based on the principle of legality to investigators, investigators on orders of investigators, public prosecutors and judges, but on the other hand, it deals with the deprivation of the liberty of the suspect and the accused. The weaknesses of the interpretation of detention by the apparatus are that the detention of suspects or defendants can weaken socio-economic development as it is not mutually exclusive, but overlapping each other, therefore, the Ideal Reconstruction of the Interpretation of Detention by Law Enforcement Officials in a Criminal Justice System Based on Justice Values Based on Pancasila is to add, with amend, add to, or improve the articles that contain rules or provisions regarding detention.