scholarly journals TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 550
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Aid ◽  
Factors Affecting ◽  
Positive Law ◽  
Inspection Process ◽  
The Right ◽  
Concrete Reality ◽  
Institutional Mechanism

Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation

PROBLEMS OF GRANTING VISITATIONS TO ATTORNEYS WITH THE SUSPECTS AND DEFENDANTS DETAINED IN CUSTODY

2021 ◽  
pp. 29-33
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Law Enforcement ◽  
Penal System ◽  
Legal Assistance ◽  
Positive Experience ◽  
Legal Aid ◽  
Detention Centers ◽  
The Law ◽  
The Right ◽  
To Receive

В статье рассматриваются правовые и правоприменительные проблемы посещения адвокатами подозреваемых и обвиняемых, содержащихся под стражей. Проанализирована правоприменительная практика нарушений права подозреваемых и обвиняемых на получение своевременной квалифицированной юридической помощи. Обоснована необходимость наличия отлаженного государственного механизма реализации предусмотренных законом прав подозреваемых и обвиняемых. Перечислены проблемы, связанные с предоставлением свиданий адвокату с подозреваемыми и обвиняемыми, находящимися в следственных изоляторах уголовно-исполнительной системы. Проанализированы основания предоставления свиданий адвокату с подозреваемыми и обвиняемыми, содержащимися под стражей, в соответствии с действующим законодательством и нормативными актами ФСИН России. Исследован порядок посещения адвокатами подзащитных, содержащихся в следственных изоляторах уголовно-исполнительной системы, регламентированный как ведомственными нормативными актами ФСИН России, так и решениями адвокатских образований. Приведен механизм работы центра субсидируемой юридической помощи по вопросу организации посещений адвокатами подзащитных, содержащихся в следственных изоляторах. Раскрыт положительный опыт ФСИН России организации дистанционных свиданий адвокатов с подзащитными с использованием систем видеоконференц-связи. На основе рассмотренных проблемных вопросов сформулированы выводы и предложения по совершенствованию правоприменительной деятельности органов и учреждений уголовно-исполнительной системы. The article examines the legal and law enforcement problems of visits by lawyers to suspects and accused in custody. The law enforcement practice of violations of the right of suspects and accused to receive timely qualified legal assistance is analyzed. The need for a well-functioning state mechanism for the implementation of the rights of suspects and accused provided by law is substantiated. The problems associated with granting visits to a lawyer with suspects and accused persons who are in pre-trial detention centers of the penal system are listed. The author analyzes the grounds for granting visits to a lawyer with suspects and defendants in custody, in accordance with the current legislation and regulations of the Federal Penitentiary Service of Russia. The procedure for visiting by lawyers of clients held in pre-trial detention centers of the penal system, regulated by both departmental regulations of the Federal Penitentiary Service of Russia and decisions of lawyers' associations, has been investigated. The mechanism of work of the center for subsidized legal aid on the issue of organizing visits by lawyers to clients held in pre-trial detention centers is presented. The positive experience of the Federal Penitentiary Service of Russia in organizing remote meetings between lawyers and clients using videoconferencing systems is disclosed. On the basis of the considered problematic issues, conclusions and proposals were formulated to improve the law enforcement activities of the bodies and institutions of the penal system.

IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT

2018 ◽  
Vol 4 (1) ◽  
pp. 81-92
Author(s):  
Sutan Surya Radonna ◽  
Dadang Suprijatna ◽  
J. Jopie Gilalo
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Field Research ◽  
Cultural Factors ◽  
District Court ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Social And Cultural Factors

Legal aid is a legal sevice program provided to alleviate the burden of life for  people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about implementation of the granting of legal aid to defendants who cannot afford financially in criminal cases and restricted factors towards implementation of granting legal aid to defendants who cannot afford financially in criminal cases. Based on the research results, and the discussion about the analysis of the implementation of legal aid to defendants who cannot afford financially in criminal cases, the implementation of the granting of legal aid can be done through courts, and Legal Aid Institutes (LBH) and  directly in accordance with initiative of advocates who voluntarily willing to accompany the defendants. Factors restricting implementation of granting legal aid to defendants who cannot afford financially in criminal cases such as: factors in law enforcement, social and cultural factors, facilities and infrastructure as well. As recommendation, it high required to to courts and LBH to socialize procedures of free legal assistance to the defendants and what sanctions to parties who inhibit the implementation of the granting of legal aid to the defendants in criminal cases.

HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2016 ◽  
Vol 2 (1) ◽  
pp. 43-66
Author(s):  
Dadang Suprijatna
Keyword(s):  
Law Enforcement ◽  
Public Understanding ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Legal Structure ◽  
Inspection Process ◽  
The Right

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.

scholarly journals BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

scholarly journals PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) DI WILAYAH HUKUM POLRES BUKITTINGGI

2021 ◽  
Vol 3 (2) ◽  
pp. 237-246
Author(s):  
Anny Yuserlina
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Code Of Conduct ◽  
Legal Assistance ◽  
Legal Aid ◽  
Early Stages ◽  
Maximum Protection ◽  
The Right ◽  
Legal Procedures

The provision of legal assistance at the level of investigation in the law of criminal justice in Indonesia is expected to provide maximum protection of the rights of life of suspects, especially those of weak and poor origin in the form of legal aid since the early stages of examination of suspects, Legal aid is not only interpreted as the right of the suspect since the investigation stage, but also as an obligation that must be fulfilled by every law enforcement apparat, especially investigators before starting an examination of suspects. Protection of the human rights of suspects since the stage of investigation is at least expected to be one of the factors that minimize the possibility of arbitrariness by law enforcement apparat and the possibility of irregularities in the application of criminal procedural legal procedures therefore examination at the level of investigation is important to get justice minimizing violations that can occur at any level that includes intimidation at the time of drafting News Of Inspection event so that apparat law enforcement stick to apparat law enforcement code of conduct and human rights values.

scholarly journals PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP TERDAKWA YANG TIDAK MAMPU DALAM PERKARA PIDANA DI KOTA BANDAR LAMPUNG

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Andry Rahman Arif
Keyword(s):  
Law Enforcement ◽  
General Public ◽  
Legal Protection ◽  
Cultural Factors ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
Community Factors ◽  
Research Results ◽  
The People

Legal assistance is implemented through the courts, and legal aid legal aid program is provided in order to alleviate the burden of life for the people who cannot afford in terms of Economics, and is also useful to create justice and legal protection of the general public. Problems in this research is how the implementation of the granting of legal aid to defendants who cannot afford in terms of economy in criminal cases and the factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases. Based on the research results, and a discussion of the analysis of the implementation of legal aid to defendants who cannot afford in terms of economy in criminal cases, the implementation of the granting of legal aid can be done with the way through the courts, and the legal aid Institute (LBH) and can also be done by direct initiative of an advocate who voluntarily want to accompany her. Factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases among others; factors in law enforcement, community factors, cultural factors, facilities and infrastructure. Advice that can be given is the need for socializing by the court party, and about the implementation of the LBH granting legal assistance free of charge to the defendant who cannot afford, and to the need for sanctions to parties who caused the implementation of the grant of legal aid to the defendants engaged in criminal cases.Keywords: Granting Of Legal Aid, the Defendant, Not Being Able To, Criminal Cases

scholarly journals Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension

2020 ◽  
Vol 2 (2) ◽  
pp. 83-99
Author(s):  
Fanny Dian Sanjaya
Keyword(s):  
Social Institutions ◽  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Descriptive Research ◽  
Positive Law ◽  
The Poor ◽  
The Law ◽  
The Right

Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.

scholarly journals Transcendental Approach in Legal Aid Concept in Indonesia: A Philosophy of Law Perspective

2021 ◽  
Vol 3 (4) ◽  
pp. 465-480
Author(s):  
Muhamad Akhsanul Fadli
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Descriptive Research ◽  
Positive Law ◽  
The People ◽  
The Law ◽  
The Right ◽  
Fair Access

Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.

scholarly journals The Right of Suspects to Obtain Legal Aid in Criminal Investigation

2018 ◽  
Vol 1 (1) ◽  
pp. 53-62
Author(s):  
Imanuel Marthen Dumais ◽  
Muhadar Muhadar ◽  
Marwati Riza
Keyword(s):  
Law Enforcement ◽  
Criminal Investigation ◽  
Legal Assistance ◽  
Legal Aid ◽  
Police Station ◽  
Police Investigation ◽  
Unfair Treatment ◽  
West Papua ◽  
Public Scrutiny ◽  
The Right

In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect. Keywords: Legal Aid; Right of the Suspect; Police; Investigation

scholarly journals Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense

2021 ◽  
Vol 3 (4) ◽  
pp. 569-584
Author(s):  
Miftakhul Ihwan
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Human Right ◽  
Self Defense ◽  
Inhibiting Factors ◽  
The Law ◽  
The Right

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA. 

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