PENAHANAN TERSANGKA TINDAK PIDANA TERORISME DALAM PERSPEKTIF HAK ASASI MANUSIA

The passing of Law No. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism, raises the pros and cons, one of which related to the addition period of detention at the level of investigation which was initially 6 months to 9 months as in Article 25 paragraph (2), (3) and (4) , It is so contrary to the Criminal Procedure Code Article 24 paragraph (1) and (2) that for the purpose of investigation of detention for 20 days, and extended 40 days. There is an additional period of detention at the level of investigation has injured the judicial and legal rights of suspects and also violates the principles of criminal justice is the principle of equality before the law, the presumption of innocence and the principle of justice quick, simple and inexpensive. The purpose of this study, to determine the basis of additional detention time at the level of investigation and to determine the increase in the level of investigation conception that does not violate the rights of suspects. The research method that authors use the normative juridical approach, with data collection through library research. Law No. 5 of 2018 was passed only to protect the interests of victims and investigators, but not by the suspect. During 2014-2015 there were 554 series of violence and human rights violations committed by the police in an investigation. Though the Chief of Police Decree No. Pol. Skep / 1205 / IX / 2000, the Police Regulation No. 8 of 2009, the ICCPR, the Law on Human Rights set clearly that there should be violence in the investigation process. Terrorism is not all inclusive extraordinary crime, but there are also serious crime. Because when regarded as extraordinary crime there are elements that are not fulfilled. Suggestions with their research, the government pay more attention Act Eradication of Terrorism and for law enforcement officers in the investigation pass prioritize human rights. There needs to be specific to the relevant law enforcement authorities and monitoring terrorism