Journal of Social Science
Vol. 5 No. 6 (2024): Journal of Social Science

Legal Uncertainty Regarding the Timeframe for Suspect Status Determination

Gultom Rosmaida Feriana (Faculty of Law, Universitas Borobudu, Indonesia)
Suparno Suparno (Faculty of Law, Universitas Borobudu, Indonesia)



Article Info

Publish Date
20 Dec 2024

Abstract

The study examines the legal uncertainties surrounding the time limits for determining suspect status within Indonesia's criminal justice system. The lack of clarity in the Criminal Procedure Code (KUHAP) regarding these time limits poses significant challenges to the human rights of suspects, particularly the constitutional guarantee of legal certainty. Without clearly defined timeframes for determining suspect status, investigations can extend indefinite period, leaving suspects uncertain whether their cases will proceed to prosecution or be dismissed. This situation subjects them to prolonged psychological, social, and economic strain and increases the risk of potential abuse of authority by investigators. Additionally, the study highlights the difficulties in establishing legal certainty concerning the time limits for suspect status and evaluates the necessary reforms to the Criminal Procedure Code to ensure fairness and safeguard the rights of suspects. One proposed solution is to implement a definitive time limit for the investigation process and the determination of suspect status, alongside strengthening internal and external monitoring mechanisms to mitigate the risk of authority misuse

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Journal Info

Abbrev

jsss

Publisher

Subject

Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

The Journal of Social Science provides a means for sustained discussion of relevant issues that fall within the focus and scopes of the journal which can be examined empirically. The journal publishes research articles covering all aspects of social sciences, ranging from Management, Economics, ...