scholarly journals TERSANGKA PENYALAHGUNA NARKOTIKA MENDAPATKAN BANTUAN HUKUM DALAM PROSES PENYIDIKAN

2021 ◽  
Vol 1 (2) ◽  
pp. 126
Author(s):  
Agung Mustakim
Keyword(s):  
Human Rights ◽  
Drug Abuse ◽  
Criminal Procedure ◽  
Drug Abusers ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Rules ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Investigation Process

ABSTRAKHak tersangka perkara penyalahgunaan Narkoba untuk mendapatkan bantuan hukum dalam proses penyidikan merupakan asas dan komponen penting dalam sistem peradilan pidana yang dapat melindungi hak asasi tersangka dalam pelaksanaan proses peradilan yang tidak memihak. Penelitian ini bertujuan untuk mengetahui, memahami dan mengkaji apakah bantuan hukum wajib diberikan kepada tersangka penyalahgunaan Narkoba dalam proses penyidikan sebagai perlindungan HAM, dan mengkaji bagaimanakah fungsi advokat menurut UU No. 18 Tahun 2003 dihubungkan dengan kewajiban memberikan bantuan hukum kepada tersangka perkara penyalahgunaan Narkoba. Spesifikasi penelitian ini bersifat deskriptif analitis, guna memberikan gambaran tentang hak tersangka untuk mendapatkan bantuan hukum dalam proses penyidikan dan fungsi advokat serta kewajibannya memberikan bantuan hukum kepada tesangka penyalahgunaan Narkoba. Teknik analisis data yang digunakan adalah normatif kualitatif yaitu pemaparan dan penggambaran pengaturan perundang-undangan secara kualitatif yuridis. Berdasarkan hasil penelitian menunjukkan bahwa, bantuan hukum masih sekedar hak bukan kewajiban, padahal bantuan hukum bersifat imperatif dan sebagai perlindungan HAM karenanya bila bantuan hukum tidak diberikan adalah bertentangan dengan KUHAP, kemudian dengan tidak adanya sanksi atau lemahnya aturan hukum karena kepada penegak hukum yang lalai dan menghindar untuk tidak memberikan hak tersangka untuk mendapatkan bantuan hukum padahal ancaman hukuman diatas lima tahun dengan adanya surat pernyataan tersangka yang dibuat penyidik.  ABSTRACTThe right of suspects in drug abuse cases to obtain legal assistance in the investigation process is an important principle and component of the criminal justice system that can protect the suspect's human rights in the implementation of an impartial judicial process. This study aims to find out, understand and examine whether legal aid must be given to suspects of drug abuse in the investigation process as a protection of human rights, and to examine how the function of advocates according to Law no. 18 of 2003 is related to the obligation to provide legal assistance to suspects in drug abuse cases. The specifications of this research are descriptive and analytical, in order to provide an overview of the rights of suspects to obtain legal assistance in the investigation process and the function of advocates and their obligations to provide legal assistance to suspected drug abusers. The data analysis technique used is normative qualitative, namely the presentation and description of legal arrangements in a qualitative juridical manner. According to the study's findings, legal aid is still just a right, not an obligation, even though it is an imperative and a protection of human rights; if legal aid is not provided, it is contrary to the Criminal Procedure Code, in the absence of sanctions or weak legal rules due to negligent law enforcers, and avoiding giving the suspect the right to obtain legal assistance; if legal aid is not provided, it is contrary to the Criminal Procedure Code, in the absence of sanctions or weak legal rules due to negligent law enforce.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

scholarly journals PENERAPAN PASAL 56 KUHAP TENTANG BANTUAN HUKUM DI TIAP TINGKAT PEMERIKSAAN TERSANGKA (Studi Kasus Pada Penyidikan Polres Metro Tangerang Kota)

2020 ◽  
Vol 7 (2) ◽  
pp. 38
Author(s):  
Dwi Saleha ◽  
Imran Bukhari Razif
Keyword(s):  
Criminal Procedure ◽  
Legal Assistance ◽  
Legal Aid ◽  
Research Subjects ◽  
The Rule Of Law ◽  
Procedure Code ◽  
The Many ◽  
Police Level ◽  
City Police

ABSTRAK Bantuan hukum yang berjudul penerapan pasal 56 KUHAP tentang bantuan hukum ditiap tingkat pemeriksaan tersangka (studi kasus pada penyidikan Polres Metro Tangerang Kota). Dengan rumusan masalah bagaimana penerapan pasal 56 KUHAP tentang bantuan hukum pada tingkat pemeriksaan di Polres Metro Tangerang Kota serta menganalisis upaya Polres Metro Tangerang Kota dalam sosialisasi pasal 56 KUHAP kepada masyarakat kurang mampu. pendekatan metode penelitian dilakukan secara normatif empiris dengan subjek penelitian direskrimum Polres Metro Tangerang Kota dan ketua Pusat Bantuan Hukum Peradi Tangerang, bantuan hukum merupakan suatu hak yang harus diperoleh tersangka sebagai suatu implementasi Negara hukum untuk menjamin hak asasi warga negaranya dalam mencapai suatu keadilan dan bantuan hukum merupakan hal fundamental yang harus di dapatkan oleh tersangka melihat banyak nya realitas ketimpangan hukum bagi seorang tersangka utnuk mendapatkan haknya. Bantuan hukum di upayakan secara optimal dibuktikan dengan adanya penurunan jumlah jenis tindak pidana pada periode tahun 2016 sampai 2018 yang terdiri dari 10 jenis tindak pidana, upaya Polres Metro Tangerang Kota dalam penerapan dan sosialisasi nya dengan memberikan informasi kepada tersangka, keluarga tersangka dengan cara mengedukasi pentingnya bantuan hukum pada tingkat pemeriksaan tersangka serta upaya pemberian papan informasi tentang hak tersangka yang wajib untuk mendapatkan bantuan hukum di tingkat kepolisian sehingga dalam pelaksanaannya bisa berjalan dengan baik untuk mencapai suatu keadilan. Kata kunci: Bantuan Hukum, penerapan, Jenis tindak pidana. ABSTRACT Legal aid entitled the application of article 56 of the Criminal Procedure Code on legal assistance at each level of examination of suspects (case study in the investigation of Tangerang City Police Resort). With the formulation of the problem of how the application of article 56 of the Criminal Procedure Code on legal assistance at the level of inspection in the Tangerang City Metro Police as well as analyzing the efforts of the Jakarta Metro City Police in the socialization of article 56 Criminal Procedure Code to underprivileged people. approach to the research method is carried out empirically normatively with research subjects reskrimum Tangerang City Police Precinct and chairman of the Peradi Tangerang Legal Aid Center, legal aid is a right that must be obtained by the suspect as an implementation of the rule of law to guarantee the rights of its citizens in achieving justice and legal assistance is a fundamental thing that must be obtained by the suspect seeing the many reality of legal inequality for a suspect to get his rights. Legal assistance is optimally sought as evidenced by a decrease in the number of types of criminal acts in the period 2016 to 2018 consisting of 10 types of criminal acts, the efforts of the Metro Tangerang City Police in its application and outreach by providing information to suspects, suspects' families by educating the importance legal assistance at the suspect's investigation level and efforts to provide information boards about the rights of suspects who are required to obtain legal assistance at the police level so that in its implementation it can go well to achieve justice.Keywords: Legal Aid, application, type of crime

scholarly journals Ensuring the detection of property in the institute of property seizure

2021 ◽  
Vol 10 (42) ◽  
pp. 236-247
Author(s):  
Anastasiia Bazhenova ◽  
Anatolii Desyatnik ◽  
Hanna Mudretska ◽  
Inna Pakipova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Criminal Procedure ◽  
General Interest ◽  
Legal Analysis ◽  
Legal Method ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

scholarly journals Guarantee of Human Rights in criminal trial process under the Criminal Procedure Code in 2015

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Trần Thu Hạnh
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Core ◽  
Trial Process ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Core Activity ◽  
Trial Phase

Based on the Constitution of 2013, the Criminal Procedure Code in 2015 has paid special attention to the respect and protection of Human Rights in trial process. Being the core activity of the criminal procedure, the trial process demonstrates profoundly policies of the Human Rights protection in Vietnam. Thus, this article uses a rights based approach to analyze the aspect of human rights protection through provisions on trial phase in the Criminal Procedure Code. These are regulations on objectives, principles of the Criminal Procedure Code, the trial procedure and other relevant provisions. Keywords: Criminal proceduce, judge, human rights, Criminal proceduce code 2015

scholarly journals LEGAL STANDARDS OF THE EUROPEAN COURT OF HUMAN RIGHTS REGARDING REQUIREMENTS FOR ADMISSIBILITY OF EVIDENCE IN CRIMINFL PROCEEDINGS

2020 ◽  
pp. 252-261
Author(s):  
O. Mazur
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
Procedural Law ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights

The article deals with the requirements of the European Court of Human Rights regarding evidence and evidence, which are disclosed in the provision of paragraph 3 of Article 6 “The right to a fair trial” of the Convention for the Protection of Human Rights and Fundamental Freedoms, the latest practice of the Supreme Court regarding the criteria for admissibility of evidence and analysis of the current criminal procedural law. As you know, the attitude of the state towards the protection of human rights and freedoms is one of the indicators of its democracy. Ukraine has chosen the European Community as the main strategic vector of development. Such a vector provides for the unification of the regulatory framework in accordance with European legislation, as well as compliance by law enforcement agencies with international standards for the protection of the rights and freedoms of citizens. That is why, the corresponding rule is enshrined in the Criminal Procedure Code of Ukraine, providing that the rule of law in criminal proceedings is applied taking into account the practice of the European Court of Human Rights (part 2 of article 8). A detailed analysis of the provisions of the Criminal Procedure Code of Ukraine regarding the admissibility of evidence in criminal proceedings and the relationship of these norms with the legal positions of the European Court of Human Rights is carried out. They also examined the requirements of the European Court of Human Rights regarding the admissibility of evidence in decisions in which a violation by the state of the norms of the Convention was found, and in decisions in which such a violation was not found. So, summarizing and analyzing the practice of the ECHR, we saw that the Court emphasizes that a guilty verdict cannot be generally based only on inadmissible evidence, and if such a sentence is pronounced, then this is a violation of Article 1 6 of the Convention in respect of an unfair trial. Therefore, the investigator, prosecutor, investigating judge and judge should take into account the relevant practice of the ECHR and the norms of the Convention in their procedural activities in order to avoid these violations and to submit complaints to the European Court of Human Rights in the future.

scholarly journals PEMBANTARAN PENAHANAN TERHADAP TERSANGKA DALAM PERSPERKTIF HAK ASASI MANUSIA (Studi Di Polres Purbalingga)

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Handri Wirastuti Sawitri
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Severe Pain ◽  
Criminal Procedure ◽  
The State ◽  
Research Results ◽  
Procedure Code ◽  
Protection Of Human Rights

Suspect in custody who experience severe pain, must be doing maintenance by the investigator as the officers responsible for detention. Based on the implementation of research results “pembantaran” arrest suspects in the level of investigation based on several provisions or regulations, among others: the Criminal Procedure Code, Act No. 2 year 2002 as well as SEMA No. 1 in 1989. The protection of human rights for suspects, particularly in health care by providing opportunities for treatment in hospitals outside the prison, which is a right that must be respected and protected by the state.

KAJIAN HUKUM TERHADAP PERAN PEMERINTAH KOTA SAMARINDA DALAM PEMBERIAN BANTUAN HUKUM

2017 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
Abdul Mukmin Rehas
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Equal Treatment ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
The Public ◽  
Procedure Code ◽  
The Law ◽  
The Republic

Constitution of the Republic of Indonesia Year 1945 which is the country's constitution has given recognition, guarantees, protection and legal certainty as well as equal treatment of all citizens before the law (equality before the law). In fact, the application of the principle of Equality Before The Law in Indonesia is still lacking. In the Code of Criminal Procedure (Criminal Procedure Code) only for the granting of legal aid free of charge only if the crime committed is punishable by imprisonment of 5 years or more, while if it is less than 5 years, while if the penalties are less than 5 years then the public will not get legal aid free of charge. The enactment of Law No. 16 of 2011 on the Legal Aid eliminating restrictions as stipulated in the Criminal Code, so that people can obtain legal assistance free of charge to the entire process of both the Criminal and Civil law for the sake of the implementation of the principle of Equality Before The Law.

scholarly journals BANTUAN HUKUM TERHADAP TERSANGKA YANG DIANCAM PIDANA LIMA TAHUN ATAU LEBIH DALAM PROSES PENYIDIKAN

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Sunaryo Sunaryo
Keyword(s):  
Physical Violence ◽  
Criminal Procedure ◽  
Research Data ◽  
Public Prosecutor ◽  
Legal Assistance ◽  
Psychological Violence ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Law ◽  
Investigation Process

Abstract Sunaryo. 2019. Legal Assistance to Suspects who are subject to a sentence of five years or more in The Investigation Process. Under supervised by Dr. Syafruddin, S.H., M.Hum, Dr. Ilham Agang, S.H., M.H                     This research background was based on the law enforcement of criminal law in Indonesia where the appreciation of human rights is often ignored by investigators to the suspect by doing acts of violence both psychological and physical violence through persecution. This occurred because suspects do not have legal assistance in process investigation.  Based on Criminal Code Procedures (KUHAP) guarantees the right of suspects who threatened with a sentence of five years or more must be accompanied by his/her lawyer at every level of examination as stipulated in Article 114 KUHAP in section Article 56, verse (1). The research design of this research was normative law. The statute approach and conceptual approach were used in analyzing research data. Research data were primary; written law product, and secondary; law literature and specific literature and other relevant research sources. The results showed that the fulfillment of legal assistance to the suspects, who were threatened with a sentence of five years or more, in the investigation process was necessary needed to protect their rights and avoid acts of arrogance, arbitrariness, physical acts and psychological violence. However, if the investigators do not fulfill this matter, the lawsuits or demands of the public prosecutor cannot be accepted, so the case file is returned and asked for reinvestigation is carried out in accordance with the Criminal Procedure Code. The investigators should be punished because of their negligence. This research recommends that investigators should carry out the process investigations adhere to the Criminal Procedure Code by providing legal assistance to the suspect and if investigators commit negligence in carrying out investigations can be prosecuted with the ethics code of the National Police based on the law criminal procedure. Keywords: Legal assistance, Sanctions, and suspect's rights

scholarly journals Decision Support System On Court Judge Lubukpakam Method Using SAW (Simple Additive weighting)

2020 ◽  
Vol 2 (2) ◽  
pp. 231-236
Author(s):  
Diana Sari Muliani Saragih ◽  
Penda Sudarto Hasugian
Keyword(s):  
Human Rights ◽  
Decision Support ◽  
Support System ◽  
Human Dignity ◽  
Criminal Procedure ◽  
Court Judge ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Simple Additive Weighting ◽  
Important System

In the legal world, especially in trials that took place in the Court, the law is the most important system in the implementation of a series of institutional strength.The cornerstone of judicial justice in Indonesia is based on Pancasila and the human dignity and the protection of human rights guarantees contained in Law No. 8 In 1981 the Code of Criminal Procedure (Criminal Procedure Code).Various studies have been conducted to assist in the termination of a case, as is done by Rumodar RF et al (2016) on the use of one of the MADM method, namely Simple Additive weighting. The analysis result is a system that can display information on article associated with a form of crime that is done that ensnared or incriminate the perpetrator, the system will also feature a sanction that is given of each chapter are violated.

scholarly journals Conventional and constitutional regulations of lawful detention of a person without a court decision: criminal procedure aspect

2021 ◽  
pp. 16-25
Author(s):  
Аndrew Medvid
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Court Decision ◽  
European Convention ◽  
Human Right ◽  
Procedure Code ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Article 5

The article compares the requirements for the lawful application of detention without a court decision as a criminal procedure established in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms and in the second sentence of Article 29 part 3 of the Constitution of Ukraine. In particular, the content of the concept of "detention" of a person is studied, the list of subjects who have the right to detain a person without a court decision and the legal content and list of legitimate grounds for detention of a person without a court decision as a criminal procedure are studied and compared. Conventional, constitutional and criminal-procedural norms are also studied, as well as the necessity of mandatory further judicial review of the legality of the detention of a person, including the terms of such review. Based on a detailed analysis of these provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine, relevant decisions of the European Court of Human Rights and the Criminal Procedure Code of Ukraine, it is established that the grounds for the detention of a person by a general entity, defined by paragraph 2 of Article 207 of the Criminal Procedure Code of Ukraine, and a special entity, defined by subparagraphs 1 and 2 (except subparagraph 3) of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine, in general, correspond to the grounds for lawful detention of a person enshrined in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it cannot be qualified as unlawful interference with the human right to liberty and security of person. At the same time, proposals are formulated to make changes and additions to subparagraph 3 of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine. It is also proved that the provisions of paragraph 2 of Article 12 and Articles 209 and 211 of the Criminal Procedure Code of Ukraine are critical provisions of the current legislation of Ukraine regarding the lawful application of detention of a person without a court decision. These provisions actually eliminate some shortcomings and establish the necessary legal and procedural grounds for the clarified application of the provision of the second sentence of part 3 of Article 29 of the Constitution of Ukraine, in accordance with the provisions of paragraph 3 of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of their application developed by the European Court of Human Rights.

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