Abstract
Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.
Highlights
Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is a legal product of the Indonesian nation to replace the Het Herzeine Inlandsch Reglement (Staatblad of 1941 Number 44) (Sukinta, 1997), which is a product of colonial law, where The law has provided protection for human rights, the dignity and worth of the entire Indonesian nation without distinguishing them based on groups that commonly apply in colonial law (Listiyanto, 2017).The birth of the Criminal Procedure Code is a progress for Indonesia as an independent nation that aspires to legal development in accordance with the values and personality of the Indonesian nation itself
This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects
The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late
Summary
Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is a legal product of the Indonesian nation to replace the Het Herzeine Inlandsch Reglement (Staatblad of 1941 Number 44) (Sukinta, 1997), which is a product of colonial law, where The law has provided protection for human rights, the dignity and worth of the entire Indonesian nation without distinguishing them based on groups that commonly apply in colonial law (Listiyanto, 2017).The birth of the Criminal Procedure Code is a progress for Indonesia as an independent nation that aspires to legal development in accordance with the values and personality of the Indonesian nation itself. As a nation that continues to develop, it is a must to constantly renew legal provisions that are no longer in accordance with the actual conditions of the people, in this case one of them is the Criminal Procedure Code (Sidharta, B Arief, 1999; 8). Since it was first enacted until now, the KUHAP has been around forty years and is a long enough period to see, explore, and understand the strengths and weaknesses in its implementation. As described in the general explanation of the Draft Criminal Procedure Code, that the occurrence of economic, social and legal changes, especially in the field of transportation and communication due to technological advances, has made the world feel smaller
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