CD Skripsi
Tinjauan Yuridis Pasal 56 Kitab Undang-Undang Hukum Acara Pidana Terkait Pemberian Bantuan Hukum Dengan Cuma-Cuma Menurut Perspektif Hak Asasi Manusia
ABSTRACT
In the rule of law, the state guarantees equality before the law and
recognizes and protects human rights, so that all people have the right to be
treated equally before the law, as in the provision of legal assistance to suspects or
defendants either free of charge. The provision of free legal assistance itself has
been regulated in the Kitap Law of Criminal Procedure, which is the basis of
formal criminal law in Indonesia. With the existence of Law of the Republic of
Indonesia Number 39 of 1999 concerning Human Rights, it makes the
interpretation that the Criminal Procedure Code has not been able to provide
comprehensive legal assistance so that it can cause a narrowing in the fulfillment
of Human Rights in obtaining equality before the law in court. Based on this
understanding, the author formulates 2 problem formulations. First, whether the
arrangement for the provision of free legal assistance based on Article 56 of the
Code of Criminal Procedure in Indonesia is in accordance with the perspective of
human rights, second, what is the ideal idea of providing free legal assistance to
fit the perspective of human rights.
This type of research is normative juridical legal research, which is
research conducted with literature review or literature study in searching for data.
This research is descriptive in nature that provides data that is as thorough and
detailed as possible on existing problems. In this writing using qualitative data
analysis which means explaining and concluding about the data that has been
collected by the author. This research uses secondary data or scientific data that
has been codified.
From the results of this study, it is found that, there is something that can
be concluded is that the provision of free legal assistance as stipulated in article 56
of the Criminal Procedure Code is not thoroughly given to suspects or defendants
who are considered economically disadvantaged, so that there is a neglect of
human rights for those who are not accompanied by legal assistance in trial. In
this case, ideal ideas are needed, such as revising the Criminal Procedure Code or
reforming laws by the government so that there are no human rights that are
improved, especially in obtaining justice before the law.
Keywords: Free Legal Aid-Human Rights
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