PERLINDUNGAN HUKUM TERHADAP HAK TERDAKWA DALAM PROSES PERSIDANGAN PERKARA KEKERASAN DALAM RUMAH TANGGA
ABSTRACT: Criminal Procedure
Law Reform in Indonesia has upheld the protection of human rights issues. But
in practice, this often happens violations committed by the Judge as enforcers hukum.hakim
in fact often ignore the rights owned by the defendant, particularly related
rights legal aid under Article 56 Criminal Procedure Code. As the case law that
occurred in the region Siak district court with the case number: 36Pid.B / 2008
/ PN.SIAK that the trial the defendant is not legal counsel. As for the purpose
of this thesis, namely; First, to find out why the threatened criminaldefendant
5 years or older who are not able to compulsory legal counsel in the trial
process, Second,to determine whether the proceedings may be continued against
the defendant that criminalized 5(five) years or more that no legal counsel ,
Third, To know how the legal consequences if convicted defendant five (5) years
or more is not legal counsel. This type of research can be classified in this
type of normative research, ie, with a case studyof the crime of domestic
violence that occurred in the region Siak District Court law, and also taking or
collecting data with a wide variety of reference contained in the literature
through reading books,legislation, the materials of the website on the
internet, and other reference sources that has to dowith the material of this
thesis.From the research, there are three main things that can be inferred.
First, the defendant ispunishable five (5) years or older who are not able to
compulsory legal counsel in the proceedings because the right to legal
assistance concerns the defendant's rights set out in the Indonesian constitution,
the Second, the trial process can be continued even if the defendant is imposed
with 5 (five) years or more without legal counsel, because in the laws and
regulations do not exist on the article which asserted that the trial judge can
not proceed if the accused is punishable 5 years ormore is not legal counsel,
Third, the legal consequences if the accused is punishable five (5) years or older
who are not legal counsel when the trial court made the process becomes null
and void, adviceauthor, First, it helps the government to socialize about the
rights of the accused when the court, inorder litigious society and able to
fight for their rights recognized law, Second, the judge inconducting the
examination in the trial, should truly uphold a sense of justice by applying
the principles akusator, where the defendant in the court of law is not an
object subject sebgai law. Third, Hope to government officials in charge of the
manufacture of the Act, so that article concerning the rights of legal aid for
indigent defendants along with legal sanctions if violated, order the
defendant's rights are fully protected, in order to attain justice amidst
community.
Penulis: Samuel Sandi Giardo
Purba
Kode Jurnal: jphukumdd151676
