Menyoal Alasan Sakit dalam Mengajukan Penundaan Penahanan Para Tersangka Tindak Pidana Korupsi (Studi di Kota Makassar)

The use of leave reason is definitely a suspect's right to suspend detention in criminal proceedings, but there must be a clear standard on the type of illness and the severity level. The International Covenant on Civil and Political right in 2005 has been ratified by the formulation of the Law of the Republic of Indonesia Number 12 of 2005 Therefore, there are consequences that must be faced by the Corruption Eradication Commission (KPK) in enforcing the law among others, including the detention conducted by the investigator should be as short as possible and should be immediately brought to the judge. This research attempts to answer some questions concerning the minimum standard of illness to suspend detention, and the effort that KPK can take to process the sick leave reason used by suspected corruption criminals to suspend detention. Based on the problems presented, this research used sociological juridical approach, descriptive analytical as research specification. The data used in this research are primary and secondary data. Data analysis was conducted qualitatively with case study approach. The results showed that juridically, if a suspect is in a state of illness, KPK investigators have the authority to suspend detention at the request of the suspect or his family with accompanying letters of recommendation from medical personnel. However, empirically, medical personnel still do not have a standard on which type of disease the suspect has to allow him filing detention delay. Therefore, it is necessary for the investigators  to have discretion and prudential principles and to pay attention to the suspect's human rights before granting the delay of detention filed by the suspect. We believe that KPK investigators with medical personnel need to establish standardized procedure on the type of illness for suspects who may apply for postponement of detention.