As is known, the four have been thrown into prison. Only Putri Candrawati, the suspect in the premeditated murder of Brigadier J, was not arrested on the grounds that she still had a toddler.
Parahyangan Catholic University Criminal Law expert Agustinus Pohan explained about the 120-day detention period.
The rules for the detention period of criminal suspects are contained in Articles 24 to 29 of the Criminal Procedure Code (KUHAP).
In detail, the initial detention period at the investigation level is 20 days. Then it can be extended by the public prosecutor for a maximum of 40 days.
Especially for suspects with criminal threats of more than nine years, an extension of detention is given an additional 30 days. If needed, it can be extended for another 30 days. So that the maximum accumulated detention period for suspects at the investigation level is 120 days.
The suspect who has been released, said Pohan, can carry out his normal activities. In addition, even though the suspect has been released, the investigation will continue.
“But that doesn’t mean the criminal case will stop, only the detention will end,” said Pohan to merdeka.com on Friday (16/9).
If the suspect in his detention period has passed 120 days, then the suspect must be released by law. If it is not issued, continued Pohan, it means that the investigator has violated the law.
“Of course there are legal consequences, it’s the same as confinement. So if they are not released, people in the detention center (detention house) commit crimes against people’s freedom,” he said.
Pohan said investigators could again detain suspects who had been released. The terms of detention are the same as when the suspect was initially detained.
“The conditions are the same as the conditions for detention. Worried about running away, worried about repeating the act, worried about destroying evidence,” he said.
So, can a suspect who has been released from prison because he has served a period of detention be able to take a vacation?
“Investigators can call for re-examination, investigations can continue. Debarment can also be done, so as not to leave the country,” he explained.
Intern Reporter: Michelle Kurniawan