TINJAUAN YURIDIS SOSIOLOGIS ALASAN PENOLAKAN TERSANGKA YANG DIANCAM PIDANA MINIMUM LIMA BELAS (15) TAHUN TERHADAP PEMBERIAN BANTUAN HUKUM DENGAN CUMA-CUMA DI DALAM PROSES PENYIDIKAN(Studi Di Polisi Resor Kota Malang)

ULUM, FATHUL (2008) TINJAUAN YURIDIS SOSIOLOGIS ALASAN PENOLAKAN TERSANGKA YANG DIANCAM PIDANA MINIMUM LIMA BELAS (15) TAHUN TERHADAP PEMBERIAN BANTUAN HUKUM DENGAN CUMA-CUMA DI DALAM PROSES PENYIDIKAN(Studi Di Polisi Resor Kota Malang). Other thesis, University of Muhammadiyah Malang.

[img]
Preview
Text
Tinjauan_Yuridis_Sosiologisalasan_Penolakan_Tersangka.pdf

Download (155kB) | Preview

Abstract

In rule No.8 /1981 about Law Judicial Procedure, there has been granted the defendant’s rights as the form of presumption of innocence principle, means that somebody couldn’t be considered guilty until it was proven by the trial, not the opposite. This principle was universal principle, every law country used this principle without any doubt. In our law, there also law certainty principle in order to fulfil human rights and freedom. In Law Judicial Procedure, there is a term stated that “ubi jus ibi remedium” which means where the rights located, there also possibility to get, pursue, or fix it while it was broken. So, in order to guarantee law certainty and protection to human rights as the law dreamed, so that needed several instruments with strong foundation, like law officers, starting from police, prosecutor, judge, and lawyer. This law officers should have a good moral and ethic to form law destination. There still some defendants who didn’t understand their rights in investigation, so that the defendants rejected law assistance who was prepared by investigator, by making “Letter of Law Assistance Rejection”, stated the rejection to be accompanied by lawyer when investigated. This is an ironic problem from the perspective of lawyer position who was rejected by defendants, moreover stated in “letter of law assistance rejection” and Investigation News, in criminal case which is threatened 15 years punishment as stated in section 56 of Law Judicial Procedure about rights to get free law assistance which should be given by investigator. The writer could make problem statements : how the investigation effort to give free law assistance to the defendants who was threatened by 15 years punishment and why the defendants who was threatened by minimum 15 years punishment in investigation. The writer used socio-juridical method, where the method discuss the problem of free law assistance from law study perspective by seeing and relating it with the existing reality in investigation, where the writer also used juridical law as analytical knife in this problem and used primary data consisted of research data through interview, questionnaire, taken from police files about law assistance to the defendants in investigation process. Also secondary data which gave explanation and interpretation to the primary data like law books, law journal, law report, printed or electronic media, also tools related with discussion theme. From the research about law assistance, there still so many defendants rejecting law assistance since the defendant didn’t understand how to used law assistance, the defendant didn’t understand that the law assistance was free and the lack of information by investigator related with rights to get law assistance. In this writing, the writer has several suggestion. There needed education, socialization, and workshop about law, especially defendant’s rights in investigation, increasing the relation with organization and the government influence in lawyer’s organization, so that they would like to help the poor. There should also a clear sanction for they who rejected it, just like law cancellation process. There also should be a special rule about law assistance.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 08 Jun 2012 03:40
Last Modified: 08 Jun 2012 03:40
URI: http://eprints.umm.ac.id/id/eprint/6786

Actions (login required)

View Item View Item