Hasil Pencarian  ::  Simpan CSV :: Kembali

"ABSTRAKThis article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and International law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect's access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right meets certain criteria of a clear legal rule, as distinguished from a vaguer legal standard, and we would therefore expect a high degree of compliance with the Right. However, in practice, we find frequent violations of the Right in Indonesia. After reviewing evidence of the violations, the article will conclude by briefly addressing several explanations while maintaining that the Right is a clear legal rule."

"Criminal justice system are mostly concerned with dispensing justice accurately rather than the efficiency of the processes involved within the system. With such prioritization, delays become part of the process, which in turn can negatively affect the accused, accuser and society as a whole. While there is an implicit general awareness that delays have costs, there have been few attempts to actually estimate them."

"[ABSTRAKSkripsi ini membahas keterkaitan antara akses kepada bantuan hukum bagi perempuan yang bermasalah dengan hukum pidana dengan proses beracara dalam peradilan pidana dengan sudut pandang pengalaman perempuan. Perempuan yang menjadi tersangka/terdakwa/terpidana, tidak dapat mengakses haknya untuk mendapatkan bantuan hukum karena adanya ketimpangan relasi kuasa dengan penegak hukum, serta dianggap sebagai kaum lemah. Terhalangnya akses kepada bantuan hukum ini mengakibatkan tersangka/terdakwa/terpidana tidak mendapatkan hak-haknya. Hak-hak yang dilanggar akibat terhambatnya akses kepada bantuan hukum ini beragam, mulai dari teknis pemeriksaan tersangka yang mengabaikan hak asasi manusia, peradilan yang tidak memberikan hak-hak terdakwa dalam persidangan, sampai hak-hak terpidana yang diabaikan.ABSTRACTThis thesis is discussing about the relation between the accesses to legal aid, with the Process on the Criminal Procedure Law. As a vulnerable group in this case, women who are the suspect/defendant/convict due to no power and imbalance of power relations with law enforcement. Therefore, they are unable to get access to their rights for legal aid. The impacts of impeded access to legal aid are diverse. Start from the technical suspect inspection in which human rights ignored, justice does not give the defendant?s rights in the trial, until offenders? rights post- judicial verdict ignored.;This thesis is discussing about the relation between the accesses to legal aid, with the Process on the Criminal Procedure Law. As a vulnerable group in this case, women who are the suspect/defendant/convict due to no power and imbalance of power relations with law enforcement. Therefore, they are unable to get access to their rights for legal aid. The impacts of impeded access to legal aid are diverse. Start from the technical suspect inspection in which human rights ignored, justice does not give the defendant?s rights in the trial, until offenders? rights post- judicial verdict ignored., This thesis is discussing about the relation between the accesses to legal aid, with the Process on the Criminal Procedure Law. As a vulnerable group in this case, women who are the suspect/defendant/convict due to no power and imbalance of power relations with law enforcement. Therefore, they are unable to get access to their rights for legal aid. The impacts of impeded access to legal aid are diverse. Start from the technical suspect inspection in which human rights ignored, justice does not give the defendant’s rights in the trial, until offenders’ rights post- judicial verdict ignored.]"