WINATA, BAGUS INDRA (2010) PENERAPAN PASAL 56 KUHAP TENTANG BANTUAN HUKUM CUMA - CUMA BAGI TERSANGKA YANG DI ANCAM PIDANA LIMA TAHUN ATAU LEBIH( STUDI DI KEPOLISIAN RESOR MALANG). Other thesis, University of Muhammadiyah Malang.
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Abstract
Legal assistance in the investigation process as the protection of human rights, is one of the principle of state law. Legal assistance provisions contained in Article 56 Code of Criminal Procedure which the defendant must be in close proximity during the legal advisor in the process of investigation, if the suspect can not afford their own attorneys present the investigator must provide legal counsel for suspects during the investigation process. This research took the formulation of the problem: 1. How the implementation of Article 56 Criminal Procedure Code by the investigators about legal aid free - just for a suspect in a criminal case in Malang police? 2. What obstacles investigator and what efforts to overcome these obstacles? This study uses sociological methods juridical approach, data collection techniques of interviews with respondents in this case, investigators, legal advisors and one of the suspects and direct observation at the research site at the Malang District Police criminal detective unit as a primary data acquisition. Then the data will be analyzed descriptively. From the data obtained that the implementation of free legal aid - only the poor criminal detective unit Police investigators have told the defendant the right before you begin the process of investigation and provide legal counsel if the suspect can not afford their own legal attorneys present. During the last 2 years ie the year 2008 to 2009 recorded in 2008 from only 275 cases 127 cases with attorneys and 148 cases refused legal counsel. In the year 2009 recorded 290 cases occurred, and only 135 cases using attorneys and 155 cases refused legal counsel. In conclusion, the suspect's refusal to provide legal aid by the investigators is based on lack of knowledge about the suspects and the accused legal aid has admitted his actions. Suggestions, needs to be increased again socialization of free legal aid - only to people who do not understand the law.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Rayi Tegar Pamungkas |
| Date Deposited: | 20 Mar 2012 09:59 |
| Last Modified: | 20 Mar 2012 09:59 |
| URI : | http://eprints.umm.ac.id/id/eprint/598 |
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