The state of Republic of Indonesia is a legal state based on Pancasila and
Constitution of 1945 which highly emphasize human right as well as guarantee the entire
citizen has equal position under the law and government by no exception. The Act Number
08 of 1981 on Civil Code gives alternative of problem solution on the imprisonment, by
using valid legal procedure and many factors needs to consider. The providing of
imprisonment postponement by legal enforcing apparatus towards the accused or defendant
however the imprisonment postponement is not given hastily by legal enforcing apparatus.
Civil Code has appointed and positions the accused or defendant in “graduated” position, as
creature of God who has thorough human dignity and valence. Law should be enforced.
However in the implementation of legal enforcement towards the accused or defendant, it
should be left by the primary human right which attached to him self. This research intended
to gain information on consideration of the legal enforcer in the level of investigator of
POLRI, in level of accusation by General Attorney, and in the level of investigation in the
court by the Judge in fulfill the proposal on imprisonment postponement in the area of
Sleman Regency. This research was conducted by descriptive research type. The data source
in this legal source was gained from primary data and secondary data. The primary data was
gained from direct result of research by interview to the source person; meanwhile secondary
data was gained from literary research. The result of this research showed that the providing
of imprisonment postponement by legal enforcer in process of criminal case in area of
Sleman Regency can be fulfilled by considering matters as follow: 1) consider the criminal
action was conducted, 2) considering the condition of the accused or defendant, 3) the
existence of guarantee, 4) situation and social opinion.