THE PROBLEM OF INEQUALITY AND THE USE OF DISCRETION IN CALLING FOR COLLATERAL TEMPORARY RELEASE OF THE ACCUSED OR DEFENDANT USING THE ELECTRONIC MONITORING

Abstract

Abstract

          This research article aims to study the problem of inequality and the use of discretion in calling for collateral for temporary release of the accused or defendant by using electronic monitoring. Which is determined by the temporary release of the accused or the defendant by providing insurance or have insurance and collateral. This research is a qualitative research. by studying concepts, theories and legal documents.

         The results showed that section 106 of the Criminal Procedure Code. In applying for a temporary release of the accused or the defendant, the court may consider it without bail or with bail or with bail and bail go up. Those temporarily released must have insurance and may or may not have collateral. In both cases, the court will always use its discretion to provide bail and collateral causing inequality for the accused or the defendant who is poor, unable to find bail and collateral for temporary release.Therefore proposed to amend the Code of Criminal Procedure, section 108, paragraph four, in the case of temporary release using electronic monitoring or any other devices. The court shall investigate the history, conduct, intelligence, education, training, health, mental state, habits, occupation and environment of that person or fault condition together with the opinions of the local administrative staff where that person resides for consideration of the request for temporary release without bail or without bail and security and section 110 paragraph four, in the case of temporary release by using electronic monitoring or any other device, section 108 paragraph four shall apply mutatis mutandis.