CD Skripsi
Tinjauan Yuridis Pengaturan Tentang Kewajiban Penunjukan Penasehat Hukum Bagi Terdakwa Yang Diancam Pidana Diatas 5 Tahun Berdasarkan Pasal 56 Kitab Undang-Undang Hukum Acara Pidana
The regulation on the obligation to appoint a legal adviser to a defendant subject to a crime of above 5 years as stipulated in Article 56 of the Criminal Procedure Code must be fulfilled. However, in practice there are still many defendants who are threatened with crime over 5 years who are not accompanied by legal counsel, it can be said that the obligation of the appointment is ignored or ruled out by law enforcement officers. The purpose of writing this thesis, namely; the first, to find out the ideal arrangement of law enforcement obligations to appoint legal counsel to the defendant who is sentenced to a crime over 5 years, secondly, to find out the legal remedies which can be taken by a convicted person against a judgment of a judge who has a permanent legal force who is not accompanied by an advisor law
This type of research can be categorized in the type of normative legal research. This research is descriptive, describing clearly and detailed about the obligation of law enforcement apparatus in appointing legal counsel for defendant. Sources of data used are secondary data, data collection techniques in this thesis research with literature review method after the data collected and then analyzed and drawn conclusions.
From the results of the research and discussion can be drawn to the conclusion that the First, the ideal arrangement of the obligation to appoint legal counsel for defendants who are threatened with criminal over 5 years is necessary, because Article 56 Criminal Procedure Code still contains many weaknesses so as not to create legal certainty and justice for the defendant and this Article it is necessary to refine the clearer and more detailed arrangements on the legal consequences for the legal apparatus that override those obligations; Secondly, the legal remedy by the convicted person against the verdict of a judge with permanent legal force is an extraordinary remedy, namely the remedy Judicial Review (PK), and administrative sanctions for officials who ignore the obligations, and this is an active legal protection for the defendant.
Keywords: Ideal Arrangement - Obligation - Appointment of Legal Counsel - Defendant
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