Legal Literacy - This article discusses how to protect the rights of pregnant female detainees as a form of realizing human rights. A pregnant woman who is detained after being named a suspect/defendant has the same rights to suspension of detention.

Basis of Human Rights Protection for Detainees

Regulations in Indonesia uphold the values and dignity of individuals as mandated in the Constitution (UUD) of the Republic of Indonesia which states that “Everyone is obliged to respect the human rights of others in an orderly social, national and state life”. This provision is the basis for the protection of individuals when they are detained after being indicated as suspects in order to facilitate the legal process in the form of investigation.

According to Article 1 number 21 of the Criminal Procedure Code Criminal Procedure Law (KUHAP) That “placement a suspect or defendant in a certain place by an investigator, or public prosecutor or judge with his stipulation, in the case and according to the method regulated in this law”. In the KUHAP provisions, there is detention for suspects/defendants owned by The Police and the Public Prosecutor as follows;

Article 24 Paragraphs 1 and 2 of the KUHAP;

  • The detention order given by the investigator as referred to in Article 20, is only valid for a maximum of twenty days;
  • The period as referred to in paragraph (1) if needed for the purposes of an unfinished examination, may be extended by the authorized public prosecutor for a maximum of forty days

Article 25 Paragraphs 1 and 2 of the KUHAP;

  • The detention order given by the public prosecutor as referred to in Article 20, is only valid for a maximum of twenty days;
  • The period as referred to which has not been completed, may be extended by the authorized Head of the District Court for a maximum of thirty days

The Criminal Procedure Code regulates legal protection in the form of rights possessed by suspects/defendants who are detained in the Detention Center (RUTAN). The Criminal Procedure Code (KUHAP) already contains provisions regarding the protection of the rights of suspects/defendants, and this constitutes limits for law enforcement officials in carrying out their duties. One form of rights for suspects/defendants is the suspension of detention. The provisions for suspension of detention for suspects/defendants are regulated as follows;

Article 31 Paragraph (1) and (2) of the Criminal Procedure Code:

  • At the request of the suspect or defendant, the investigator or public prosecutor or judge, according to their respective authority, may grant a suspension of detention with or without bail or a guarantee of a person, based on the conditions determined;
  • Because of their position, the investigator or public prosecutor or judge may at any time revoke the suspension of detention if the suspect or defendant violates the conditions as referred to in paragraph (1)