Temporary Release of Criminal Offenders According

Abstract

          The objective of this Research is to study the theoretical concepts related to the provisional release of offenders in criminal cases. This study was a qualitative research by analyzing legal documents.

          The study results showed found that the request for temporary release of offenders in criminal cases must consider the Criminal Procedure Code, Section 108 as following if there was an objection of the inquiry official prosecutor, plaintiff or victim, the court should be able to support the diagnosis. And paragraph two, the competent official ordered the temporary release or the court might hear the facts, report, or opinion of an official, which the law prescribed to have authority and duties related to such matters for consideration a request, which gave the authority to the official who had the authority to order the temporary release or the court ruled the petition for temporary release.

          Therefore, it could be  proposed to modify Criminal Procedure Code, Section 108 paragraph two, an official had authority to order temporary release or the court might order to investigate of the circumstances of the case, the characteristics of the offender, to supporting the temporary release request.