Contradictions in the Regulation of the Provision of Legal Aid in the Indonesia Criminal Procedure Code

Abstract

The regulation of the provision of legal aid in Indonesia for criminal cases that are threatened with the death penalty or the threat of a penalty of fifteen years or more or for those who are incapable who are threatened with a sentence of five years or more who must be accompanied by legal counsel is contradictory to the explanation of the article which states that it adjusts the development and availability of legal counsel in certain areas. The type of research used in this study is normative juridical research. Furthermore, the research approach in this study uses a statute approach. This research is descriptive, which makes a systematic depiction, in this case the regulation of the provision of legal aid in the Criminal Procedure Code along with the contradictions between the explanations of the articles. The author concludes, first, the arrangement for the provision of legal assistance by legal counsel is a clear provision and must be carried out by every apparatus involved in criminal cases that have been determined to be accompanied by legal counsel. Second, the explanation of the article explaining the obligation to provide legal aid should be replaced with the sentence "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.