PENOLAKAN PERMOHONAN PENANGGUHAN PENAHANAN (Suatu Studi di Polres Konawe Selatan)

Abstract

The purpose of this study is: 1) To determine the procedure for rejecting the suspension of detention of suspects at the Konawe Selatan Police. 2) To determine the factors for rejecting the suspension of detention of suspects at the Konawe Selatan Police. This study was conducted at the Konawe Selatan Police Office, using a normative research type. The data collection methods used were document studies, field observations and interviews using qualitative descriptive analysis. The suspension of detention of suspects or defendants makes the victim of the crime seem not to get justice, considering that the suspension of detention can be given directly by investigators or public prosecutors or judges without considering the psychological factors of the victim of the crime, and by granting a suspension of detention to suspects or defendants does not provide a deterrent effect to the perpetrator of the crime so that it is possible that someone will commit a crime repeatedly if the conditions given to him can be met. Based on the results of the study, it can be seen that the rejection of the suspension of detention can only be done by investigators or public prosecutors or judges if: 1) The suspect is not willing to carry out mandatory reporting. 2) The suspect is feared to eliminate evidence. 3) The suspect is feared to escape. 4) The suspect is feared to repeat his actions. 5) The suspect is threatened with a criminal sentence of more than five years.