Abstract
An important requirement that must exist in every legal state is the guarantee of protection of the basic rights of citizenship. Among these basic rights is to get legal assistance services for defendants who cannot afford it for free by an advocate. The law and code of ethics have regulated the provisions relating to the provision of legal aid. The crucial problem lies in the lack of comprehension and comprehensive approach to science through the approach of criminal procedural law in understanding and formulating subsections in several laws so that the image of an advocate is actually seen as a commercial profession and these basic rights are often overlooked. This research is an empirical research using sociological juridical approach. Then, all available data are processed qualitatively and qualitative. This study focuses on the legal assistance conducted by advocates to the incapacitated defendants at the PERADI branch located in Purwokerto. It also explains that a number of factors faced was that they came from their own advocates and from the defendants.
Highlights
Legal assistance is the constitutional right of every citizen to guarantee legal protection and to guarantee the equality before the law
2 Objective of the study This study aims to determine giving legal assistance to the defendant who cannot afford by the advocate at Indonesian Advocates Association/Perhimpunan Advokat Indonesia (PERADI) branch Purwokerto and some obstacles to the implementation
Procedures for providing legal assistance are as follows: 1) Submit a written application containing at least the identity of the applicant and a brief description of the subject matter for which Legal Aid is requested
Summary
Legal assistance is the constitutional right of every citizen to guarantee legal protection and to guarantee the equality before the law. Legal assistance is not the mercy given by the State. Rather, it is a human right of every individual and it is the responsibility of the States to protect anyone who can’t afford. Subsection 5 paragraph 1 of Law No 18 of 2003 concerning Advocates explained "Advocates are law enforcers" called law enforcers who accompany defendants in the trial, as objects but subjects with other law enforcers who are trying to achieve the fairest decision. The position of the defendant who can’t afford considers that other law enforcers such as the police, prosecutors and judges have understood the law. The presence of an advocate is needed to assist the defendant so that the justice process is balanced
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