Up to courts to decide on remand or bail, says Saifuddin

Home Minister Saifuddin Nasution Ismail has affirmed that courts possess the authority to determine whether accused individuals should be held in detention or granted bail while their trials are ongoing. In a written parliamentary response, Saifuddin emphasized that decisions on continued detention or bail in cases with filed charges but incomplete trials were made by the court in accordance with applicable laws.

He reiterated the government's commitment to upholding individual human rights and the principle of justice under the law.

Regarding proposals to review remand periods for prolonged cases, the Ministry of Home Affairs specified that the power to set remand periods lies exclusively with the judiciary, as per Section 117 of the Criminal Procedure Code or relevant special procedural laws. For cases where charges have been filed but trials are not yet complete, re-detention or denial of bail (bailable or non-bailable) remains at the court's discretion under applicable laws.

Saifuddin clarified that the police request remand based on investigative needs, while magistrates or judges assess and decide on a reasonable remand period, striking a balance between individual liberty and criminal investigation interests. He also highlighted the government's openness to reviewing laws and standard operating procedures to safeguard detainees' human rights and address prison overcrowding.

Measures being pursued include the Licensed Prisoner Release Programme, Compulsory Attendance Orders (PKW), and the parole system to reduce reliance on physical detention.