Problems with the Indonesian Criminal Procedure Code's Provisions on Legal Aid

Authors

  • Eka Wilam Author
  • Feruna Author

Keywords:

contradictions in the provision of legal aid, criminal cases, Indonesia’s criminal procedure code

Abstract

It is contradictory to the article's explanation that it adjusts the development and availability of legal counsel in certain areas, and 
to the regulation of legal aid in Indonesia that individuals facing the death penalty, a penalty of fifteen years or more, or an 
incapacity-related sentence of five years or more are required to be accompanied by an attorney. Normative juridical research 
was the method used in this study. In addition, a statutory technique is used in this study's research methodology. This study is 
descriptive in nature, meaning it produces a systematic portrayal; specifically, it examines the Criminal Procedure Code's control 
of the supply of legal assistance and the inconsistencies between the articles' explanations. First, the author finds that all apparatus 
participating in criminal proceedings with adjudicated legal counsel must comply with the arrangement for the supply of legal 
help by legal counsel. Secondly, the clause describing the duty to offer legal assistance should be changed to something like 
"quite clear" or "the appointment of the legal counsel is adjusted to the domicile in the jurisdiction of the nearest District Court, 
or within the jurisdiction of the High Court concerned" in the article.

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Published

2025-12-25

Issue

Section

Articles