Kebijakan Hukum Acara Pidana terkait Pemberian Bantuan Hukum pada Perkara Pidana (Studi di DPC PERADI Kota Sibolga)

Abstract

This research discusses the regulation, the process of providing legal aid in criminal cases and examines the obstacles and efforts can be undertaken by the Branch Leadership Council (DPC) of PERADI Sibolga City through PBH PERADI Sibolga City, In accordance with the provisions of Article 56 of Law No. 8 of 1981 concerning the Criminal Procedure Code, it can be concluded that every underprivileged individual is entitled to be accompanied by legal counsel at every stage of examination, especially those within the jurisdiction of Sibolga City. The formulation of the problem in this thesis is how the regulation of legal aid in criminal cases in Indonesia, the process of providing legal aid in criminal cases at DPC Perudi Sibolga City, obstacles and efforts related to the provision of legal aid in criminal cares at DPC PERADI Sibolga City

The type of research used in this thesis is to use normative legal research supported by empirical data, the nature of this research is descriptive analysis. All legal materials are collected using library research techniques. In addition to library studies, primary data as supporting data was collected through field research using the interview method. This research uses qualitative data analysis.

Based on the results of the study, it can be concluded that the current regulation of legal aid, as stipulated in several existing laws and regulations, is generally good, it's just that if we look at the current draft of the latest Criminal Procedure Code, there is a regression in article 146 so that if it is enforced without any revision in the market, it will cause legal chaos in its implementation. In the process of providing legal aid, there are still many individuals from law enforcement officials in Sibolga City when carrying out their duties in terms of providing legal aid that is not in accordance with statutory provisions such as making a statement letter not accompanied by legal counsel even though the person is suspected of committing a criminal offense with a sentence of more than 5 years or more as stipulated in article 56 of the current Criminal Procedure Code because there is a mandatory phrase in the provisions of the article that should not be given for any reason and must still be given. The obstacles of DPC PERADI Sibolga City in providing legal aid in criminal cases have internal obstacles and external obstacles.