Reconstruction of Subjective Conditions for Detention in the Criminal Procedure Code Based on Due Process of Law

Abstract

Detention, as a form of coercive action in criminal procedure law, has direct consequences for the restriction of human rights, particularly the right to personal liberty. Therefore, its implementation must be strictly implemented based on the principles of legal certainty and due process of law. However, the regulation of subjective conditions for detention in the Criminal Procedure Code, particularly regarding the "concern" that the suspect will flee, destroy evidence, or repeat the crime, remains abstract and lacks measurable indicators. This condition opens up wide discretion for investigators and has the potential to create legal uncertainty and abuse of authority. This study aims to analyze the problematic regulation of subjective conditions for detention from the perspective of legal certainty and due process of law, and to formulate an ideal normative reconstruction to guarantee the protection of suspects' rights. The research method used is normative legal research with a statutory and conceptual approach, supported by an analysis of pretrial decisions and law enforcement practices in the North Sumatra Regional Police. The results show that the subjective conditions for detention in the Criminal Procedure Code do not have clear parameters, are multi-interpretable, and tend to place investigators' authority dominantly without an effective control mechanism. This has resulted in weak protection of suspects' rights and suboptimal implementation of the principle of due process of law. Therefore, norm reconstruction is needed through the formulation of objective indicators, limitations on investigators' discretion, and strengthening of judicial oversight mechanisms through pretrial proceedings. This research is expected to contribute to the development of criminal procedure law in Indonesia, particularly in realizing a more measurable, accountable, and human rights-oriented detention system.