RECONSTRUCTION OF CRIMINAL PROCEDURE CODE OF INDONESIA ON THE SUBJECTIVE REASONS OF DETENTION BASED ON DIGNIFIED JUSTICE

Within detention there is a conflict between two principles: the right of one's human rights which must be respected on the one hand, and the interests of public order on the other side which must be preserved for the people or society of the criminal acts of the suspect or defendant. Therefore, detention should be done if necessary once. The subjective terms of detention (noodzakelijkheid) do not yet contain the value of justice, especially the first, second, and fifth principles of Pancasila. The reconstruction of the rules of detention in Indonesian criminal procedure code (Law of the Republic of Indonesia Number 8 of 1981 on Criminal Procedure Code) is refined by altering, adding or even removing it based on the value of dignified justice based on Pancasila. The purpose of the reconstruction is to protect all parties, either suspects or defendants, victims, the community including the families of suspects or defendants, victims, officials authorized to arrest, as well as the state. At the same time to prevent the dominance of the subjectivity of officials authorized to arrest.