E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 1, 2023

Implementation of the Provision of Pro Bono Legal Assistance in Fulfilling the Rights of the Defendant in Karangayar State Court



Author(s): Hartanto, Alfan Marthendra Trisnawan, Marisa Kurnianingsih, Andria Luhur Prakoso, Andi Intan Purnamasari, Aristya Windiana Pamuncak

Abstract:

The purpose of this study was to learn about the implementation of pro bono legal aid as a means of fulfilling the defendant's rights at the Karanganyar District Court. This study uses an empirical juridical approach. This study uses primary and secondary data sources. Primary data sources are obtained from interviews with judges and legal aid providers at the Karanganyar District Court and are supported by secondary data obtained through a library collection consisting of primary, secondary, and tertiary legal materials. The data set is then analyzed using a descriptive-qualitative approach with the process of reviewing the data set that has been obtained with the applicable legal rules, and then the results of the research will be obtained. This study obtained the result that Article 56 of the Criminal Procedure Code relating to the fulfillment of the right of the defendant to be given free legal assistance has basically been fulfilled by the Karanganyar District Court based on a cooperation agreement with a legal aid organization that has been accredited by the Indonesian Ministry of Law and Human Rights, and then through the chief judge of the assembly, a letter of determination of the appointment of a legal adviser is issued and handed over to the legal adviser concerned. The obstacles faced by the Karanganyar District Court and legal advisers were related to communication and coordination with the defendant and difficulties in completing the defendant's administrative files. Islamic law also recognizes and supports the existence of legal advisers because of their role in providing legal assistance, so the Indonesian legal system and the Islamic legal system are aligned in their opinions about the importance of having legal advisers in providing legal assistance. So, the role of all police law enforcement officers, prosecutors, and judges is needed in order to realize the implementation of Article 56 of the Criminal Procedure Code.


Keywords: Legal Assistance, Prodeo, Defendant, Court, Karanganyar

Pages: 957-961

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