PENINGKATAN AKSES BANTUAN HUKUM KEPADA MASYARAKAT MISKIN (Intensify Access of Law Aids To the Poor)

Budijanto, Oki Wahju

doi:10.30641/dejure.2016.v16.463-475

Cited by 3 publications

(4 citation statements)

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“…As known, the defendants in this case are individuals who are unable to afford legal representation, a fact that becomes apparent during the examination process, and they face a minimum of 8 years of imprisonment. According to Article 56 of the Code of Criminal Procedure, defendants must receive assistance from legal counsel appointed by the investigator, either for free or without charge (Budijanto, 2017). However, the reality is that defendants do not have legal representation during the investigation process.…”

Section: Finding and Discussionmentioning

confidence: 99%

Contrasting Legal Aid in Jinayat and KUHAP: Free Counsel Provision Diverges in Procedural Laws

Sukiyawati,

La Ode Bunga Ali,

Rajasree

et al. 2023

AJISH

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This study aims to investigate the comparison between the Jinayat procedural law and the Criminal Procedure Code (KUHAP) in providing free legal assistance for suspects. The method used is a normative juridical approach with legislative and conceptual perspectives, employing primary legal materials such as Qanun Aceh Number 7 of 2013 on Jinayat Procedure and Law Number 8 of 1981 on Criminal Procedure Code, as well as secondary legal materials like journal articles and books. The analytical technique employed is descriptive analysis, and the interpretation involves grammatical and systematic interpretations. The research results indicate that under Jinayat procedural law, an individual provided with legal counsel is threatened with 60 (sixty) lashes or a fine of 1200 (one thousand two hundred) grams of pure gold or 60 (sixty) months of imprisonment or more, or for those who cannot afford it. On the other hand, criminal procedural law limits the provision of legal advice to suspects facing imprisonment of five years or more, the death penalty, or fifteen years of imprisonment. As a recommendation for the future, this article suggests that the concept of free legal counsel provided by the state should be extended to all suspects. Further discussion may involve a reconsideration of these limitations and further investigation into the legal consequences if law enforcement fails to provide legal assistance in accordance with the requirements stipulated in procedural laws.

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Section: Finding and Discussionmentioning

confidence: 99%

Contrasting Legal Aid in Jinayat and KUHAP: Free Counsel Provision Diverges in Procedural Laws

Sukiyawati,

La Ode Bunga Ali,

Rajasree

et al. 2023

AJISH

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“…Tujuan pembentukan Negara Indonesia adalah melindungi dan mensejahteraan seluruh rakyat. Olehnya itu, negara terutama pemerintah bertanggungjawab atas pemenuhan hak konstitusinal Budijanto (2017), setiap warga negara untuk mendapatkan perlindungan dan kepastian hukum yang adil sebagai amanat Pasal 28D ayat (1) UUD NRI 1945. Perlindungan hukum merupakan manifestasi negara hukum Indonesia yang dalam catatan sejarah meliputi serangkaian catatan kejadian penting dan jejak peristiwa mengenai hukum yang berlaku di masa lalu sebagai bagian yang tidak terpisahkan dengan perjalanan hukum Indonesia hingga saat ini.…”

Section: Hasil Dan Pembahasanunclassified

Perlindungan Hukum Konsumen dimasa Pandemi COVID-19

Lasatu

Surahman

Patila

et al. 2023

SLJIL

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Everyone is a consumer regardless of legal standing and social status. The government and business actors and other professions when using other people's goods/services are consumers. Since humans are in the womb until they die are consumers. Therefore the law provides protection so that business actors do not question their interests, both under normal circumstances and during emergencies like now, where Indonesia and the whole world are being hit by the Covid-19 Pandemic. The solution in this research is how are consumer behavior patterns during the Covid-19 Pandemic in meeting their needs? Empirical research using several approaches, analyzed qualitative-quantitative data, and the results are in the form of analytic descriptive. The conclusion of the research is that during the Covid-19 pandemic, consumer behavior changed, especially in aspects of fulfilling daily needs and efforts to increase immunity. Therefore, during the Covid-19 Pandemic, the government had to increase its closure as a protector and consumer protector.Everyone is a consumer regardless of legal standing and social status. The government and business actors and other professions when using other people's goods/services are consumers. Since humans are in the womb until they die are consumers. Therefore the law provides protection so that business actors do not question their interests, both under normal circumstances and during emergencies like now, where Indonesia and the whole world are being hit by the Covid-19 Pandemic. The solution in this research is how are consumer behavior patterns during the Covid-19 Pandemic in meeting their needs? Empirical research using several approaches, analyzed qualitative-quantitative data, and the results are in the form of analytic descriptive. The conclusion of the research is that during the Covid-19 pandemic, consumer behavior changed, especially in aspects of fulfilling daily needs and efforts to increase immunity. Therefore, during the Covid-19 Pandemic, the government had to increase its closure as a protector and consumer protector.

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“…According to the applicable law, to obtain true legal justice at every level of examination, the suspect has the right to give information freely because the suspect cannot be forced or pressured. Therefore, [6], [9].…”

Section: Introductionmentioning

confidence: 97%

“…In addition, there is an article that specializes in free legal assistance in terms of legal assistance as stated in Article 56 paragraph (2) of the Criminal Procedure Code, namely, "legal advisors who are appointed to act as referred to in paragraph (1), provide assistance free of charge." [5], [6]." According to the provisions of Article 60 of the Criminal Procedure Code, a suspect or defendant has the right to contact and receive visits from parties who have family and other relationships with the suspect or defendant to obtain guarantees for the suspension of detention in order to obtain legal assistance.…”

Section: Introductionmentioning

confidence: 99%

Implementation of Provision of Legal Assistance for Suspects at Yogyakarta Police

Agustine

2021

Fox Justi : Jurnal Ilmu Hukum

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This study aims to describe (1) the implementation of providing legal aid for suspects at the Yogyakarta Police, (2) the obstacles encountered in the implementation of the provision of legal aid, and (3) efforts to overcome obstacles in the implementation of providing legal aid for suspect at the Yogyakarta Police. This research is a descriptive study with a qualitative research method approach. Research subjects were determined by purposive technique. The research subjects are the Deputy for Criminal Investigation, Police Investigator, Head of Investigative Unit I, Head of Operational Development Affairs and legal advisors as legal aid providers. Data were collected by interview and documentation methods. The results of this study indicate that the implementation of providing legal assistance for suspects who are poor and threatened with imprisonment for five years or more is when the Police, especially the investigators carry out their obligations as regulated in the Criminal Procedure Code, in particular Articles 54 and 56. the suspect at the Yogyakarta Police, namely the limited funds for the implementation of the provision of Legal Aid at the Yogyakarta Police, namely Rp. 3,000,000.00 per case when it should be Rp. 5,000,000.00 per case, the availability of Legal Aid Providers at Poresta Yogyakarta is not yet sufficient, there are some investigators who do not understand about the provision of legal aid for indigent (poor) suspects. Efforts in overcoming obstacles in the implementation of providing legal assistance for suspects at the Yogyakarta Police, namely,

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PENINGKATAN AKSES BANTUAN HUKUM KEPADA MASYARAKAT MISKIN (Intensify Access of Law Aids To the Poor)

Cited by 3 publications

References 0 publications

Contrasting Legal Aid in Jinayat and KUHAP: Free Counsel Provision Diverges in Procedural Laws

Contrasting Legal Aid in Jinayat and KUHAP: Free Counsel Provision Diverges in Procedural Laws

Perlindungan Hukum Konsumen dimasa Pandemi COVID-19

Implementation of Provision of Legal Assistance for Suspects at Yogyakarta Police

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