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 criminal
defendant 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 study
of 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 do
with the material of this thesis.
From the research, there are three main things that can be inferred. First, the defendant is
punishable 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 or
more 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, advice
author, First, it helps the government to socialize about the rights of the accused when the court, in
order litigious society and able to fight for their rights recognized law, Second, the judge in
conducting 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.
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 criminal
defendant 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 study
of 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 do
with the material of this thesis.
From the research, there are three main things that can be inferred. First, the defendant is
punishable 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 or
more 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, advice
author, First, it helps the government to socialize about the rights of the accused when the court, in
order litigious society and able to fight for their rights recognized law, Second, the judge in
conducting 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.
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