Peyelidikan, Penyidikan, Penangkapan Dan Penahanan Dalam Pemeriksaan Tindak Pidana

Abstract

The purpose of this research is to find out the reasons for arrest in the investigation of a criminal case and the reasons for detention in the investigation of a criminal case. By using normative juridical research methods, it can be concluded: 1. The reason for an arrest in a criminal case investigation is for the purposes of an investigation or investigation carried out by an investigator or investigators at the behest of an investigator against a suspect who is strongly suspected of committing a criminal act based on sufficient initial evidence, namely initial evidence to suspect there is a criminal act. 2. The reasons for detention in the investigation of a criminal case are reasons according to law and reasons according to necessity. The reason according to law is that there must be a strong suspicion based on sufficient evidence that the person has committed a criminal act, and that the criminal threat for that criminal act is five years or more, or a certain criminal offense determined by law, even if the criminal threat is less than five years. year. Legal reasons alone are not enough to detain someone because in addition there must be reasons according to necessity, namely the fear that the suspect or defendant will run away, or damage/disappear evidence or will repeat a criminal act.