Reformulation Policy for Detention of Criminal Offenders who are Treated with Prison for Less than 5 Years

Article 21 paragraph 4 of the Criminal Procedure Code regulates that detention can only be carried out if the criminal act allegedly committed by the suspect or defendant is punishable by imprisonment for five years or more. However, sometimes there are differences in interpretation regarding the threat of a sentence of less than five years in Article 21 paragraph 4 letter b of the Criminal Procedure Code, which can give rise to differences of opinion regarding the detention of suspects or defendants. Thethreat of a criminal sentence of less than 5 years can be classified as a minor crime. with, the classification of criminal acts (Article 296 of the Criminal Code, Article 335 of the Criminal Code, and Article 351 of the Criminal Code requires detention) apart from these articles, other alternative criminal penalties can be imposed in the context of efficiency and ultimately reducing the burden on correctional institutions. This type of normative juridical research is carried out by examining various kinds of formal legal rules such as laws, literature that is theoretical concepts which are then connected to the problem that is the subject of discussion. In relation to the type of research used, namely normative juridical, the approaches taken are a statutory approach, a conceptual approach and a case approach. research results, namely: First, the threat of a criminal sentence of less than 5 years can be classified as a criminal act under Article 296 of the Criminal Code, Article 335 of the Criminal Code and Article 351 of the Criminal Code, requiring detention. Second, the threat of a criminal sentence under 5 years for the crime of Article 296 of the Criminal Code, Article 335 of the Criminal Code, and Article 351 of the Criminal Code must be carried out in detention to avoid the negative impact caused by the perpetrator of the criminal act to the community or the victim of the criminal act and provide a deterrent effect for perpetrators of criminal acts so that they do not repeat their actions. Third, Article 21 paragraph (4) letter b of the Criminal Procedure Code is under five years, namely Article 296 of the Criminal Code, Article 335 of the Criminal Code, and Article 351 of the Criminal Code, apart from the articles that are determined in a limitative manner, detention must be carried out.