CD Skripsi
Kebijakan Kriminalisasi Terhadap Penyidik Yang Tidak Menyediakan Bantuan Hukum Kepada Tersangka Yang Diancam Dengan Pidana 5 Tahun Lebih Berdasarkan Pasal 56 Kitab Undang-Undang Hukum Acara Pidana
ABSTRACT
Assistance by a legal adviser in a criminal justice process for a suspect
ordefendant is very important because, even though his freedom is limited, a
suspect still has human rights that are inherent in him and its fulfillment cannot
be ruled out. The absence of legal consequences for violations of Article 56 of the
Criminal Code is a factor in the emergence of crimes committed by law
enforcement officials against suspects or defendants in the law enforcement
process.
The purpose of this research is to find out the criminal law policy against
investigators who do not provide legal assistance to suspects who are threatened
with a sentence of more than 5 years based on Article 56 of the Criminal
Procedure Code and to find out the actions of investigators who do not provide
legal assistance to the suspect who is threatened. with a sentence of 5 years more
can qualify an act that can be criminalized. The research method used in this
thesis uses normative legal research, namely legal research which studies
statutory regulations and legal principles. In this normative research, the writer
conducts research on several laws and regulations.
From the research, there are two main points that can be concluded. First,
the criminal law policy against investigators who do not provide legal assistance
to suspects who are sentenced to more than 5 years is often ignored or not in
accordance with its intended purpose, even tends to be ignored by investigators
and officials at all levels, both at the police, prosecutor's and until the process in
court proceedings and it is still half-hearted and even seems absent because the
criminal law policy which is interpreted as an effort to realize good regulations
according to circumstances and situations at one time has not been reflected in
positive law in Indonesia, this can be seen from the absence of There is a legal
instrument that regulates the legal implications received by investigators if they
do not provide legal assistance to the suspect. Second, that an investigator who
does not provide legal assistance to a suspect who is sentenced to 5 years of
punishment deserves to be qualified as an act that can be criminalized because he
has violated several laws and other regulations. Author's suggestion, First, it is
hoped that in the future there will be legal instruments regulating actions if
investigators do not provide legal assistance to suspects who are threatened with
a sentence of more than 5 years. Second, it is hoped that in the future, if the legal
instruments regulating the legal implications of investigators if they do not
provide legal assistance to suspects who are sentenced to more than 5 years of
imprisonment have been established, there will be no more violations related to
the rights of suspects at every level of the criminal trial process.
Keywords : Criminalization Policy, Investigators, Legal Aid
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