JOSR: Journal of Social Research

November 2022, 1 (12), 623-633

p-ISSN: 2827-9832 e-ISSN: 2828-335x

Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr

http://ijsr.internationaljournallabs.com/index.php/ijsr

JURIDICAL ANALYSIS OF THE INVESTIGATOR'S AUTHORITY IN

THE DETENTION OF CRIMINAL SUSPECTS TO REALIZE LEGAL

CERTAINTY

Fitra Azli, Dahlan, Ramlan, Erniyanti, Fadlan

Postgraduate Program in Law, Faculty of Law, University of Batam

[email protected]

Abstract (Indonesia)

Received:

November 15, 2022

Revised:

November 18, 2022

Accepted:

November 20, 2022

Latar Belakang: Indonesia adalah negara hukum dan tidak

didasarkan pada kekuasaan belaka, semua kekuasaan negara

diatur oleh hukum. Hukum pidana adalah aturan untuk

melakukan ketertiban umum dengan melarang apa yang

bertentangan dengan hukum dan memberikan pesan kepada

mereka yang melanggar larangan tersebut. Untuk menegakkan

hukum pidana materiil diperlukan hukum formal (hukum acara

pidana). Penanganan perkara pidana pada prinsipnya berasal dari

penyidikan, penyidikan, penuntutan, dan diakhiri dengan putusan

hakim. Pada tahap penyidikan, penyidik berwenang menahan

tersangka yang pelaksanaannya diatur dalam KUHAP untuk

mewujudkan kepastian hukum.

Tujuan: Tujuan penelitian ini adalah menganalisis secara yuridis

kewenangan penyidik dalam penahanan tersangka pidana untuk

mewujudkan kepastian hukum.

Metode: Penulis menggunakan metode penelitian hukum

normatif dan empiris. Penelitian hukum normatif dilakukan

penilaian melalui studi pustaka dan data sekunder. Penelitian

empiris menggunakan data primer, yaitu data yang diperoleh

dari hasil penelitian langsung yang dilakukan melalui

wawancara.

Hasil: Hasil penelitian tentang kewenangan penyidik dalam

menahan tersangka tindak pidana diatur pasal 20 ayat (1)

KUHAP. Faktor-faktor yang mempengaruhi antara lain takut

tersangka melarikan diri, merusak/menghilangkan barang bukti

dan/atau mengulangi tindak pidana. Pertimbangan lain tersangka

adalah target operasi, tempat tinggal tersangka yang jauh tidak

jelas, tersangka melakukan tindak pidana yang menjadi perhatian

pimpinan, kasus yang terjadi telah diberitakan oleh media massa

dan mendapat perhatian luas dari masyarakat. Konsekuensi

hukum yang dihadapi penyidik dalam menjalankan kewenangan

menahan tersangka adalah gugatan praperadilan.

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Kesimpulan : Konsekuensi hukum dari tindakan penyidik Polri

dalam menjalankan kewenangannya atas penahanan tersangka,

bahwa dalam melakukan penahanan tetap harus memperhatikan

hak-hak tersangka, dan tersangka dapat mengajukan permohonan

praperadilan.

Kata Kunci: Kewenangan Penyidik, Penahanan, Tersangka

Abstract (English)

Background: Indonesia is a country of law and is not based on

mere power, all state power is governed by law. Criminal law

is the rule of conducting a public order by prohibiting what is

contrary to the law and giving a message to those who violate

the prohibition. To enforce material criminal law requires

formal law (criminal procedural law). The handling of criminal

cases in principle comes from investigation, investigation,

prosecution, and ends with a judge's ruling. At the investigation

stage, the investigator is authorized to detain suspects whose

implementation is regulated in the Criminal Procedure Code to

realize legal certainty.

Objective: The purpose of this study is to juridically analyze the

authority of investigators in the detention of criminal suspects

to realize legal certainty.

Methods: The author uses normative and empirical legal

research methods. Normative legal research by conducting

studies through literature studies and secondary data.

Empirical research using primary data, namely data obtained

from the results of direct research conducted through

interviews.

Results: The results of the research on the authority of the

investigator in detaining suspects of criminal acts regulated by

article 20 paragraph (1) of the Criminal Procedure Code.

Influencing factors include fearing that the suspect will flee,

tamper with/remove evidence and/or repeat criminal acts.

Other considerations of the suspect are the target of the

operation, the suspect where he lives is far away is unclear, the

suspect committed a criminal act that is the attention of the

leadership, the case that occurred has been reported by the

mass media and has received widespread attention from the

public. The legal consequence faced by investigators in

exercising the authority to detain suspects is a pretrial lawsuit.

Conslusion: The legal consequence of the actions of the Police

investigator in exercising his authority over the detention of

suspects, that in carrying out detention, they must still pay

attention to the rights of suspects, and suspects can apply for

pretrial.

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Keywords: Authority to Investigate, Detention, Suspects.

*Correspondent Author: Fitra Azli

Email: [email protected]

INTRODUCTION

The Indonesian state is a state of law and is not based on mere power, all state

power is governed by law. All his attitudes, behaviors, and deeds must be lawful. The

source of law is the sense of law that exists in society itself (Khambali, 2014). Good state

administration is government based on good legal arrangements (Prasetyo, 2014).

In the literature of criminal law, according to the purely normative nature of

thought, the talk of criminals will be bumped at a paradoxal point of opposition, namely

that criminals on the one hand are held to protect one's interests, but on the other hand it

turns out to rape the interests of someone else by giving punishment in the form of suffering

to someone who is convicted (Priyatna, 2006).

Sudarto said criminal is a nestapa by the state to a person who violates the

provisions of the criminal law, deliberately to be perceived as a nestapa (Sudarto &

Criminal, 1986). Roeslan Saleh stated that criminality is a reaction to delik and this is in

the form of a state deliberately inflictedon the makers of the delik itu (Roeslan, 1987). To

enforce material criminal law requires formal law (criminal procedural law). The Criminal

Procedure Code (KUHAP), contained in the Statute Book of the Republic of Indonesia

Number 76 Supplement to the Statute Book Number 3209, to replace HIR.

Criminal procedural law is a law that regulates how to maintain and maintain

material criminal law and regulates ways of adjudicating cases before a criminal court by

a criminal judge. As stipulated in the Criminal Procedure Code, it acts as the main

investigator of the Criminal Procedure Code in the criminal justice system.

Law Number 2 of 2002 concerning the Police of the Republic of Indonesia, in

Articles 13 and 14 outlines the functions and roles of the National Police, namely: Article

14 (1) letter g makes the substance of the details of the duties of the National Police in the

field of investigation and investigation of criminal acts in accordance with the Criminal

Procedure Code and other laws and regulations.

Article 20 paragraph (1) of the Criminal Procedure Code states: For the purposes

of investigation, the investigator or auxiliary investigator at the behest of the investigator

as referred to in Article 11 is authorized to make detentions. Article 1 number 21 of the

Criminal Procedure Code specifies, that detention is the placement of a suspect or

defendant in a certain place by an investigator or public prosecutor or judge with his

opinion, in the case and in the manner provided for in this law.

Detention is a form of deprivation of one's freedom of movement. Therefore,

detention should be carried out if necessary once. Errors in detention can result in fatal

things for many parties including restraints (Hamzah, 2001).

In the criminal justice process, whether or not a suspect can be detained is due to

the possibility of law enforcement officers according to Article 21 paragraph (4) namely:

That the suspect does not run away, remove goods, and repeat the act. In the Criminal Code,

an act of detention may also be a criminal offense punishable by a maximum of eight years

in prison as threatened in some articles of the Criminal Code, which threatens the criminal

act of unlawful detention of persons, or contrary to the provisions of the law. Therefore,

with the issuance of the Criminal Procedure Code, law enforcement officials in the criminal

justice process must be more careful and selective in carrying out detention (Sahetapi,

1995).

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Article 22 of the Criminal Procedure Code states that there are 3 types of detention

of suspects or defendants, namely state detention centers,house arrests and city detention

centers. Detention of suspects or defendants is transferable to the type of detention. The

official authorized to transfer the type of detention is the investigator or public prosecutor

or judge.

Article 31 of the Criminal Procedure Code provides for the suspension of detention,

that at the request of the suspect or defendant, the investigator or public prosecutor or judge,

in accordance with their respective authorities, may hold a suspension of detention with or

without bail of money or bail of persons, under specified conditions. The official authorized

to suspend a suspect or defendant is an investigator or public prosecutor or judge in

accordance with their respective authorities in their detention. Because between the official

authorized to make or not to make detention, transfer of the type of detention, and

suspension of detention of the suspect or defendant is in one institution or institution, it

provides an opportunity for the authorized official to detain, transfer the type of detention,

suspend the detention to commit deviation by making the detention of the suspect or

defendant arbitrarily or even beyond the authority. .

RESEARCH METHODS

Normative juridical research refers to laws and regulations using skunder data.

While empirical research is field research using primary data.

In a juridical-empirical approach, normative law or written legislation is primary

data that is used as a fundamental reference in the course of research, because it becomes

a guideline for searching for data in the field, namely how people implement the rules of

written invitations that have been set in their lives.

Data Sources

The main data source in this study is the reality that occurs, the rest is additional

data such as documents and others. This study used primary data sources and secondary

data. Primary data sources are taken from communities where there is detention of suspects.

Secondary data sources in this study were obtained from various sources, such as library

materials, literature, documents, statutory associations, legal journals or scientific bulletins,

newspapers and various scientific papers published in accordance with this research topic,

namely the detention of suspects.

Data Collection Methods

To obtain the data carried out in the preparation of this study , it is carried out by:

1. Library Research

The literature research in question is to obtain theoretical data and reading

materials, namely, by reading scientific books, the opinions of scholars and reading the

laws and regulations on which the law is based.

2. This field research is intended to obtain primary data, namely by interviewing both

informants and respondents, namely:

a. Head of the Criminal Investigation Unit of the

Barelang Police.

b. 2 (two) Auxiliary Investigators at the Barelang

Police Criminal Investigation Unit.

c. 2 (two) suspects.

Data Analysis

Data processing is carried out by analyzing data qualitatively, which is described

systematically so as to answer the overall problem with the results of the research

constructed in a conclusion.

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Research is qualitatively based on assumptions about reality or phenomena of a

complex nature. Where there is regularity in a certain pattern with full diversity. Qualitative

data analysis was carried out on primary and secondary data derived from primary legal

materials, secondary legal materials and tertiary legal materials (Mungin, 2015).

According to Michaell Quinn Patton, data analysis is the process of organizing a

sequence of data, organizing it into a pattern, a category, and a basic description. He

distinguishes it from interpretation, which gives significant meaning to the analysis,

explains the patterns of the description, and looks for relationships among the dimensions

of the description. Data analysis is intended first of all organizing data. The data collected

is a lot and consists of field notes and researcher comments, pictures, photos, documents in

the form of reports, biographies, articles, and so on. The work of data analysis in this case

is to organize, sort, group, provide code, and categorize it. The main principle of qualitative

research is to find a theory from data or verify a new theory will be seen when the analysis

of that data begins to be carried out. Although its position is important, in itself this stage

of data analysis is only one part that is inseparable from other stages (Moleong, 2021).

RESULTS AND DISCUSSION

1) Legal Arrangements Regarding The Authority Of Investigators In Detaining

Criminal TindAk Suspects To Realize Legal Certainty

Criminal law is a law that ( Moeljatno, 1992):

a. Determine which acts should not be done, prohibited, accompanied by

threats or sanctions in the form of certain criminal offenses for whoever

violates;

b. Determine when and in what respect those who have violated the

prohibition may be subject to or sentenced as has been threatened;

c. Determine the manner in which criminal imposition can be carried out if

there is a person who has violated it.

A criminal act as an act whose perpetrator can be subject to criminal punishment

and the perpetrator is the subject of a criminal act (Pradjodikoro, 1980). One of the

characteristics of the criminal law system is the responsibility of the perpetrator, for a

criminal act that has been committed, it is connected to a certain state of the offender's

mentality (Ranomihardja, 1994). Judging from the occurrence of a criminal act, a person

will be held accountable (criminalize the act if the act is unlawful, and there is no

enforcement of the unlawful nature or justification) for it (Kanter & Sianturi, 2002).

Criminal is a special definition related to criminal law (Hamzah, 2003). Efforts to

combat crime using criminal sanctions (laws) are the oldest way, as old as human

civilization itself (Muladi & Arief, 1984). Crime as a dynamic, growing and related social

phenomenon and complex societal structure, then also known as socio political problem

(Arief, 1996). Efforts to overcome criminal acts are included in the criminal policy.

Criminal policy is inseparable from broad policies, namely social policy consisting of

social welfare policy, and social defence policy (Arief, 2001).

Defenitively, criminal law can be divided into ius poenale and ius puniendi. Ius

puniendi is a subjective aspect that means the right toimpose a criminal offense (Hamzah,

2003). Meanwhile, Ius poenale is simply defined as a number of legal regulations that

contain prohibitions and orders or imperatives against prohibitions and orders or

imperatives against violators are threatened with criminal penalties (legal sanctions) for

those who realize them (Zainal, 2007). The definition states that there is a necessity to

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threaten criminal sanctions against violators, so that criminal sanctions are an essential

element of criminal law.

In the study of criminal law, not only criminal sanctions are known but also action

sanctions (maatregel). To distinguish between criminal sanctions and maatregel can be

used the following opinion of Roeslah Saleh as a guideline. In many ways, the boundary

between criminal and action is theoretically difficult to determine with certainty, since

criminal in many ways also contains the mind of protecting and correcting. There is

practically no difficulty, since what is referred to in Article 10 of the Criminal Code is

criminal, while others of it are acts, for example: forced education, as in a child who is

handed over to the government to be educated, is placed in a psychiatric hospital with an

order because it cannot be accounted for because there is a growth of his mental disability

or (Putra & Abdul, 2010).

In principle, the criminal law regulates crimes and violations of the public interest

and the act is threatened with a criminal offense which is a suffering. Criminal procedural

law is a law that regulates how to maintain or organize material criminal law, so as to obtain

a judge's decision and the way in which the content of the decision is implemented (Andi,

2002). Criminal law or criminal procedural law has the function of implementing material

criminal law, meaning that it provides regulations on how the state by using its tools can

realize its authority to convict or release criminals (Andi, 2002).

Article 1 number 4 of the Criminal Procedure Code formulates that investigators

are officials of the State Police of the Republic of Indonesia who are authorized by law to

carry out investigations. Furthermore, according to Article 4 of the Criminal Procedure

Code, those who are authorized to carry out the investigation function are every official of

the State Police of the Republic of Indonesia, strictly speaking, other than Police officials,

others are not authorized to conduct investigations. The investigation is the sole monopoly

of the National Police. Meanwhile, what is meant by an investigation according to Article

1 number 5 of the Criminal Procedure Code is a series of investigative actions to search for

and find an event that is suspected of being a criminal act in order to determine whether or

not it can be carried out according to the method regulated in this law.

Investigation comes from the word sidik which means terang, investigation means

to make light or clear, and bekas (fingerprint), investigating means looking for traces, in

this case traces of crime which means after the traces are collected the crime becomes light

(Soesilo, 1974). Investigation is a series of actions by the Investigator, in terms of those

regulated in the Criminal Procedure Code, according to the manner regulated in the

Criminal Procedure Code, and to find and collect evidence and to make light of a criminal

act and who the suspect is (Sitompul & Syahpenong, 2003). Article 1 number 1 jo Article

6 paragraph (1) of the Criminal Procedure Code formulates that investigators are officials

of the State Police of the Republic of Indonesia or certain civil servant officials who are

given special authority by law to conduct investigations. That in addition to the

investigator, in conducting the investigation, there is an auxiliary investigator who has the

same authority as the investigating authority as in Article 7 paragraph (1) of the Criminal

Procedure Code except regarding detention which must be given with the delegation of

authority from the investigator.

According to Article 1 number 14 of the Criminal Procedure Code, a suspect is a

person who, because of his actions or circumstances, based on preliminary evidence, is

suspected of being a criminal offender. In the Legal Dictionary, it means that a suspect is

a person who has been suspected of committing s(Andi Sofyan, 2017) a criminal offence

and this is still under preliminary examination to consider whether this suspect has

sufficient grounds to be examined at trial (T, Erwin, & Prasetyo, 1995). A suspect is a

person who is suspected of being the perpetrator of a criminal offense (Prints, 1989).

Article 1 number 21 of the Criminal Procedure Code, namely: Detention is the

placement of a suspect or defendant in a certain place by an investigator, or public

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prosecutor or judge with its application, in terms of and in the manner provided for in this

law.

The terms of detention consist of two parts , namely (Salam, 2001):

a.Terms oobjective or also called gronden van rechtmatigheid

The objective requirement is the basis for detention in terms of the criminal act,

namely the criminal act that is subject to detention. For this reason, it has been stipulated

in Article 21 paragraph (4) of the Criminal Procedure Code. Objective terms are absolute,

in the sense that if a criminal act committed by a suspect or defendant is not included in the

formulation of Article 21 paragraph (4) of the Criminal Procedure Code, then the suspect

or defendant cannot be subject to detention.

b.Subjective Terms or also called gronden van noodzakelijkheid

The subjective condition is the reason for detention in terms of the need for the

suspect or defendant to be detained. According to Article 21 paragraph (1) of the Criminal

Procedure Code, the need for a suspect or defendant to be detained due to circumstances

that raise concerns that:

1) The suspect or defendant will flee;

2) Tampering with or removing evidence;

3) Repeating criminal acts.

Subjective conditions are alternative, meaning that it does not need all three

conditions to be met, but one of the conditions alone is enough.

Criminal acts that can be detained as regulated by Article 21 paragraph (4) namely

that detention can only be imposed on suspects or defendants who have been proven to

have committed criminal acts and or probation or the provision of assistance in criminal

acts. Article 20 of the Criminal Procedure Code authorizes investigators, public

prosecutors or judges to make further detention or detention where each time they make

such detention, they must use a detention warrant

The details of detention in Indonesian criminal procedure law according to Articles

24 – 28 of the Criminal Procedure Code are as follows (Hamzah, 2010):

a. Detention by investigators or assistant investigators (20 days)

b. Extension by the public prosecutor (40 days

c. Detention by the public prosecutor (20 days)

d. Extension by the chief justice of the district court (30 days)

e. Detention by a district court judge (30 days)

f. Extension by the chief justice of the district court (60 days)

g. Detention by a high court judge (30 days)

h. Extension by the chief justice of the high court (60 days)

i. Detention by the Supreme Court (50 days)

j. Extension by the Chief Justice (60 days)

2.Consideration of Police Investigators in Detaining Criminal Suspects to

Realize Legal Certainty

Criminal investigation activities are carried out after it is known that there is an

alleged criminal act, either through reports, complaints, and criminal acts that are directly

known by the Police. Criminal investigation activities include the stages of preliminary

examination, summons or arrest, examination of suspects, reports on the results of

examinations, case titles and decisions on the detention of suspects.

In the course of the investigation, the suspect was detained. There are

considerations of investigators detaining suspects among others (Interview with Akp FS,

Kanit IV Jatanras Sat Reskrim, n.d.) :

a.Suspect Is The Target Of Operation

b.Suspects of Serious Criminal Acts

c.Suspect Where He Lives Unclear

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d. Suspects of Committing Criminal Acts that are the Attention of the Leader

e.The case that occurred teIah was reported oIeh media and received very wide

attention from the public

Article 31 of the Criminal Procedure Code states that a suspect or defendant can

apply for a suspension, the suspension can be granted by the Investigator, Public

Prosecutor, Judge in accordance with their respective authorities by determining the

presence or absence of money or person guarantees based on certain conditions and if such

conditions are violated then the suspension can be revoked and the suspect or defendant

can be detained again.

The investigator also has a basis for granting a suspension of detention, because of

the belief of the investigator that the applicant can meet the terms of the agreement agreed

between the investigator and the applicant, and the most basic is the most important

indicator of concern so that the investigator does not feel worried about the applicant's

ability to meet the agreed requirements, for example, there has been peace with the victim,

and is willing to be present and cooperative if needed by the Investigator / Investigator

Maid (Interview with Akp FS, Kanit IV Jatanras Sat Reskrim, n.d.) .

A phenomenal idea aimed at law enforcement officials especially so as not to be

shackled to legal positivism. So far, there has been a lot of injustice to justice seekers in

enforcing the law, because law enforcement is a series of processes that describe values,

ideas, minds that are quite abstract that are the purpose of the law. The purpose of the law

or the mind of law begins with moral values, such as justice and truth. These values must

be able to be embodied in real reality. The existence of law is recognized if the moral values

contained in the law are able to be implemented or not.

Conceptionally, the essence of the meaning of law enforcement lies in the activity

of harmonizing the relationship of values described in stable rules and interpreting the

attitude of action as a series of elaboration of final stage values, to create, maintain and

maintain the peace of life associations (Satjipto, 2000).

3.Legal consequences of investigators' actions in detaining criminal suspects

to realize legal certainty

The principle of equality before the law in Indonesia states that the use of detention

institutions always confronts two fundamental interests, namely the interest to uphold the

human rights of individuals (suspects/defendants) and the right of the state to restrict the

freedom of movement of a person suspected of committing a criminal act. This principle

carries the consequences of being enforced in every area of the law, including criminal

procedure. In this regard, the spirit of the principle of equality before the law in the field of

criminal procedural law, especially in the criminal justice process which is a sub-system of

criminal justice, there is a principle that is a pillar, namely the principle of presumption of

innocence, that every suspect and defendant must be presumed innocent before his guilt is

proved in court and stated in the judgment that has had the force of law fixed.

The Criminal Procedure Code has created a new institution called pretrial that has

the task of maintaining the order of preliminary examinations and to protect suspects and

defendants against the actions of investigators/police and/or public prosecutors/prosecutors

who violate the law and harm suspects. Pretrial as specified in Article 1 number 10 of the

Criminal Procedure Code is the authority of the state judiciary to examine and decide

according to the manner provided for in the law, including:

1. Whether or not an arrest and detention is lawful at the request of the

suspect or his family or others on the suspect's control.

2. Whether or not the termination of the investigation or the termination of

the prosecution on request is valid for the sake of law and justice.

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3. A request for damages for rehabilitation by the suspect or his family for

another party on his behalf whose case was not brought before the court.

Article 77 of the Criminal Procedure Code specifies that the district court has the

authority to examine and decide in accordance with the provisions stipulated in this law,

concerning:

1. Whether or not an arrest, detention, termination of investigation

or termination of prosecution is lawful.

2. Indemnification and or rehabilitation for a person whose

criminal case is terminated at the level of investigation or

prosecution.

After the Constitutional Court Decision Number 21/PUU-XII/2014, the

determination of suspects is included in one of its pretrial domains. Therefore, pretrial is

part of the district court held to provide protection for the human rights of suspects or

defendants in criminal justice so that supervision is needed by the judge.

The control function will be more visible and effective when any action / event that

deviates from the provisions of the law can be immediately prevented or legal action is

carried out for the sake of law and justice, as well as legal certainty. Also, the pretrial

control function will review the legal actions that the law enforcement official has taken

that have been appropriate or proportionate, in relation to the legal actions taken by the

investigator or public prosecutor or judge. Whether it is in accordance with the procedure

of statutory provisions or not (Interview with Akp FS, Kanit IV Jatanras Sat Reskrim, n.d.)

CONCLUSION

a. In conducting an investigation, arrests can be made against suspects. The legal

regulation regarding the investigator's authority to detain suspects is contained in

Article 20 paragraph (1) of the Criminal Procedure Code which states: For the

purposes of investigation, the investigator or auxiliary investigator by order of the

investigator as referred to in Article 11 is authorized to make detention.

b. Factors that influence the consideration of the Police Investigator in exercising his

authority over the detention of suspects are fears that the suspect will run away and

repeat his actions towards the victim, in addition to that detention is carried out

considering that the suspect is the target of the operation, the suspect where he lives

is far unclear, the suspect commits a criminal act that is the attention of the

leadership, the case that occurred has been reported by the mass media and received

widespread attention from community. Meanwhile, the investigator's

consideration of not making arrests of suspects is due to an application not to be

detained (suspension of detention), with a letter of bail not to escape, repeating

deeds, eliminating evidence, and cooperatively requested by the Family which was

granted by the Investigator, and there has been peace with the victim.

c. The legal consequence of the actions of the Police investigator in exercising his

authority over the detention of suspects, that in making detentions, they must still

pay attention to the rights of suspects, and suspects can apply for pretrial.

Suggestion

a. Detention of suspects should be regulated in a regulation capable of reaching the

values of justice, by changing, adding, or refining the rules for detention of suspects

based on the values of justice

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b. Detention of a suspect or defendant should be used if there is no other option to

address the risk of the suspect or defendant escaping or endangering the public

c. Investigators should remain cautious and careful with discretion to consider an

application for suspension of detention before deciding whether or not an

application for suspension of detention from a suspect can be granted in order to

minimize the possibilities that may hinder the investigation process during the

suspension of detention.

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