PEMENUHAN HAK PENDAMPINGAN HUKUM BAGI TERSANGKA YANG TIDAK MAMPU DALAM PENYIDIKAN TINDAK PIDANA PENCURIAN BIASA

In the context of providing legal aid, the government has made efforts through the provisions outlined in Article 56 of the Criminal Procedure Code. However, implementation remains suboptimal, as evidenced by data from the Malang City Resort Police. This situation contradicts the imperative nature of the term “shall” in Article 56, indicating a discrepancy between the legal mandate and its practical enforcement. The objective of this study is to analyze the implementation of the right to legal assistance for suspects facing criminal charges who do not have their own legal counsel, by examining its alignment with existing laws and regulations. This research employs a socio-juridical approach, combining legal analysis with field conditions. The findings reveal that the obligation implied by the term “shall” has not been effectively realized due to factors related to legal substance, legal structure, and legal culture. Substantively, the absence of explicit sanctions linking the failure to provide legal aid with violations of the police code of ethics weakens enforcement. Structurally, legal aid is often offered rather than automatically provided, allowing suspects the possibility to decline it. Culturally, many suspects remain unaware that legal aid is available free of charge. Therefore, the study recommends the imposition of ethical and administrative sanctions on investigators who neglect their duty to provide legal assistance, in order to ensure better compliance with the law.