Period of Detention according to Indonesian Criminal Law Procedure (KUHAP)
|Number||Examination Stages and Legal Standing||Period of Detention||Period of Extension of Detention||Institutions who Authorized the Extension of Detention|
|1||Investigation-Article 24 KUHAP||20 Days||40 Days||The Authorized Prosecutor.|
|2.||Prosecution-Article 25 KUHAP||20 Days||30 Days||The Authorized Head of District Court.|
|3.||The District Court’s Judges who hear the case-Article 26 KUHAP||30 Days||60 Days||The Head of District Court concerned.|
|4.||The High Court’s Judges who hear the case-Article 27 KUHAP||30 Days||60 Days||The Head of High Court concerned.|
|5.||The Supreme Court’s Judges who hear the case-Article 28 KUHAP||50 Days||60 Days||The Head of Supreme Court.|
Article 29 KUHAP:
(1) Excluded from the period of detention as referred to in Article 24, Article 25, Article 26, Article 27, and Article 28, for the purpose of examination, the detention of a suspect or defendant may be extended based on appropriate and unavoidable reasons because:
- The suspect or defendant is suffering from a serious physical or mental disorder, proven by a doctor’s certificate, or
- The case currently being investigated is punishable by imprisonment of nine years or more.
(2) The extension referred to in paragraph (1) shall be granted for a maximum of thirty days and in case the detention is still required, it can be extended again for a maximum of thirty days.
(3) The extension of detention mentioned is based on a request and an examination report at the level of:
- Investigation and prosecution is given by The Head of the District Court;
- Examination at The District Court is given by The Head of the High Court;
- The appeal examination is given by The Supreme Court;
- The Cassation examination is given by The Head of the Supreme Court.
(4) The use of authority for extension of detention by the official in paragraph (3) shall be carried out gradually and with full responsibility.
(5) The provisions as referred to in paragraph (2) do not preclude the possibility of the suspect or defendant being released from detention before the end of the detention period, if the interests of the examination have been fulfilled.
(6) After sixty days, even though the case has not been finish being investigated or has not been decided, the suspect or defendant must have been released from detention for the sake of law.
(7) With regard to the extension of detention as referred to in paragraph (2), the suspect or defendant can submit objections at the level of:
- Investigation and prosecution to The Head of The High Court;
- District Court Examinations and appeal of the High Court to The Head of the Supreme Court
|Number||Examination Stages||Period of Detention||Period of Extension of Detention||Institutions who Authorized the Extension of Detention|
|1.||Investigation and Prosecution||30 Days||30 Days||Head of District Court.|
|2.||The Examination at District Court||30 Days||30 Days||Head of High Court.|
|3.||The Examination at High Court (appeal stage of examination)||30 Days||30 Days||Supreme Court.|
|4.||The Examination at Supreme Court (cassation stage of examination)||30 Days||30 Days||Head of Supreme Court.|