PENANGGUHAN PENAHANAN TERHADAP TAHANAN PEREMPUAN YANG BERSTATUS IBU YANG MEMILIKI BALITA

Abstract

Suspension of detention is the right of suspects or detainees, which is
regulated in Article 31 of the Criminal Procedure Code. This suspension of
detention gives an agency the freedom to provide reasons for granting or
refusing a suspension of detention, meaning that in this case it is the full
authority of the competent agency. However, in reality the suspension of
detention here is still not optimal, both in its arrangement and implementation.
This can be seen from the discovery of several rejections of suspension of
detention, especially in several cases where the suspect was a mother with a
toddler. This thesis research aims to: first, to describe the regulation and
implementation of suspension of detention for female detainees who are mothers
with toddlers in the Indonesian criminal courts. Second, to describe the
appropriate rules regarding the suspension of detention for female detainees
who are mothers of toddlers from a substantive justice perspective.
This type of research can be classified as normative legal research,
because this research is carried out by examining library materials or secondary
data. In this research, the data sources used are primary data, secondary data
and tertiary data. The data collection technique in this research is the library
research method.
From the results of the research carried out, it can be concluded that, in
relation to this, the implementation obtained from several cases involving female
detainees who have the status of mothers, shows that the existing regulations
still have weaknesses or there is no certainty about the regulations in this case,
so that it can It is said that implementation has not gone well. Therefore, it is
necessary to reform in the form of a special law regarding the rules for
suspending the detention of women detainees who are mothers who have
toddlers in more detail, by not only focusing on procedural matters, but also
considering substantively for the sake of realizing legal justice and legal
certainty. regarding suspension of detention, especially in relation to female
detainees who are mothers of toddlers.