Habeas corpus (Latin: "you shall have the body") is a writ by which a court orders the person holding another in custody to bring the detainee before it and to justify the detention. If no lawful basis is shown, the court orders release.
History
The writ is one of the oldest safeguards of personal liberty in the common law. The Habeas Corpus Act 1679 strengthened it in England, and it was carried into the constitutions of the United States and many Commonwealth countries. It has been described as the "great writ of liberty".
How It Works
An application may be made by the detainee or by someone acting on their behalf. The court examines the legality of the detention, not the guilt of the detainee. It asks whether the person detaining has legal authority and whether the procedure required by law was followed.
International Standard
Article 9(4) of the International Covenant on Civil and Political Rights requires that anyone deprived of liberty by arrest or detention be entitled to take proceedings before a court, so that the court may decide without delay on the lawfulness of the detention and order release if it is not lawful.
The Indonesian Equivalent
Indonesian law does not use the term habeas corpus, but it provides a comparable remedy through pre-trial proceedings (praperadilan) under Articles 77 to 83 of the Code of Criminal Procedure. A single judge examines, within a short period, the legality of an arrest or detention, the termination of an investigation or prosecution, and claims for compensation and rehabilitation. The Constitutional Court has extended its scope to the determination of a person as a suspect, and to searches and seizures.