Implementation of The Grant of Legal Aid to Suspects in The Process of Investigation Connected with Pretrial

Zharfan Muharram, Sholahuddin Harahap

Abstract


Implementation of the grant of legal aid as listed in article 56 CODE of CRIMINAL PROCEDURE is essentially a process when the investigator memberiktahukan suspects to obtain legal assistance at this stage of the investigation, the facts, the situation found some deviations towards implementation of legal protection for suspects related to the conducting of legal aid, the irregularities were carried out by members of the kepolisisan i.e. the investigator who suspects neglect resulted in the suspect didn't get his rights during the process of examination is not invalidated, resulting in not ensuring the holding of legal aid. Next the CODE of CRIMINAL PROCEDURE provides guarantees against the suspect in obtaining his rights to damages and rehabilitation which the occurred violations committed by law enforcement in particular in the review process, namely by submitting to the Pretrial lembahaga. The research that the author made in the form of this thesis to know what factors are being a constraint in pelaksanaa the granting of legal assistance for suspects and to know the implementation of the granting of legal aid to suspects in the process of investigation connected with the pretrial. The author uses the normative approach to research methods of empirical, descriptive in nature, using primary data and secondary data, in the writing of this thesis throughout the data obtained are then organized systematically for further analyzed in order to achieve clarity issues are discussed regarding the factors constraints of granting legal assistance against the suspects and the execution of legal assistance associated with the pretrial. The results of research that the author of the study, namely the implementation of the grant of legal aid has not been fullest, as evidenced by the existence of the case Made Cahyoo proves there's still law enforcement persons who neglect the rights of suspects. Then in order to protect the suspect needed institutions to indemnify pretrial and rehabilitation which occurred violations committed by law enforcement agencies, while also acting as a supervisory institution pretrial over legitimate or whether arrests, detentions, and examination. The existence of Praperadian institutions in the implementation of the CODE of CRIMINAL PROCEDURE further optimize expected particularly for the suspect in the inspection process so that the creation of a justice where the granting of rights against the suspect can be external relationships and in efforts to force such as the arrest, detention, examination and no hinting and impressed the dignity and degrading human dignity.


Keywords


Legal Assistance, Investigation, Pretrial

References


Sumber Buku:

Andi Hamzah, Hukum Acara Pidana Indonesia, Sinar Grafika, Jakarta, 2016

Wirjono Prodjodikoro, Hukum Acara Pidana di Indonesia, Cet. 11, (Bandung : Sumur, 1983)

Paul Sinaeloe, Tindak Pidana Perdagangan Orang, setara Pres: Malang 2017, hlm52

Luhut M.P Pangaribuan, Hukum Acara Pidana, Papas Sinar Sinanti, Jakarta 2014

Soerjono Soekanto, Faktor-Faktor Yang Mempengaruhi Penegakan Hukum, cetakan ke-14, PT Rajagafindo Persada: 2016

Peraturan Perundang-Udangan:

Undang-Undang Dasar Tahun 1945

Undang-Undang Nomor 8 Tahun 1981 Tentang Kitab Undang-Undang Hukum acara Pidana




DOI: http://dx.doi.org/10.29313/.v0i0.6548

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