Hak Tersangka dalam Mendapatkan Bantuan Hukum (Tinjauan Terhadap KUHP dan Undang-Undang No. 16 Tahun 2011 Tentang Bantuan Hukum)

Abstract

The aim of the research was to know how the Penal Code and Law No. 16/2011 on Legal Aid regulate the rights of a suspect to obtain Legal Aid. The research was judicial normative with descriptive analytic method, using the theory of the Purpose of Law. By this theory, the researcher attempted to analyze the regulation on the rights of a suspect to obtain legal aid according to the Penal Code and Law No. 16/2011 on Legal Aid, the regulation on the role of advocates in giving legal aid to suspects according to the Indonesian positive law and to analyze the synchronization of Law No. 16/2011 on Legal Aid with the Penal Code in giving legal aid to suspects. The Penal Code regulates the rights of a suspect to obtain legal aid in Law No. 8/1981 on Law of Criminal Procedures in which legal aid is that the rights of every individual who faces the problems of criminal law should be accompanied by his or her legal advisor, which is stipulated in Articles 54, 56, 57, 59, 60, 62, 64, 65, up to Article 72 of the Penal Code. At the same time, Law no. 16/2011 on Legal Aid states that legal aid is especially given to the poor which is stipulated in Article I of law No. 16/2011 on legal aid for the recipients of the legal aid, the poor or groups of the poor. Their rights are found in Article 12, Paragraphs (1), (2), and (3). The Penal Code and Law No. 16/2011 on Legal Aid have the same perception on the role of advocates who give legal aid to every individual who deals with legal issues. The Penal Code regulates it in Articles 54, 55, 56, 114, Law No.18/2003 on Advocacy regulates it in Articles (1) and (2), and Law No. 16/2011 on Legal Aid regulates it in Article 1, Paragraph (3). The Penal Code and Law No. 16/2011 on Legal Aid have synchronization which is in accordance with the horizontal level of synchronization because the under review is the legislation with the same level which regulates the same area; in this case, giving legal aid free in charge to the poor. The result of the research showed that, according to the Penal Code, the rights of a suspect for legal aid were obtained through the legal advisors, whereas the Rights in the Law on Legal Aid, the legal aid was especially given to the poor. The advocates played their role in giving legal aid to every individual who faced legal problems, and the Synchronization of Law No. 16/2011 on Legal Aid with the Penal Code was in giving legal aid free in charge to the poor.