PELAKSANAAN BANTUAN HUKUM PADA PERKARA PIDANA OLEH PERHIMPUNAN BANTUAN HUKUM DAN HAK ASASI MANUSIA INDONESIA SUMATERA BARAT DI KOTA PADANG

Abstract

Indonesia is a nation based on the rule of law (State of Law) in accordance with Article 1 paragraph (3) of the 1945 Constitution of Indonesia (UUD 1945). State of Law rests on protection of human rights, non-discrimination, and equality before the law, which means that the state guarantees equality before the law by stipulating that everybody has a right to equal standing before the law and access to justice. Law No. 16 Year 2011 concerning Legal Aid (Legal Aid Law) is a manifestation of State of Law, which implementation is delegated to the Ministry of Law and Human Rights of the Republic of Indonesia (Regional Office of Law and Human Rights or ‘Kanwil Hukum dan HAM’) in cooperation with Legal Aid Organizations (‘OBH’). The legal aid concept is a provision of state funding for the poor in order to guarantee their access to justice. This article looks at the implementation of legal aid for the poor by PBHI Sumbar in criminal cases within the Jurisdiction of State Court Class 1A Padang using juridical-sociological research method. PBHI Sumbar provides legal aid for the poor based on the Legal Aid Law, but provides exceptions for certain cases, namely corruption, environmental crimes, human rights abuses, and morality or sex-related crimes. The exceptions are subjective and inconsistent that restricts access to legal aid. In general, PBHI Sumbar provides legal aid in common criminal cases in a well-implemented manner, but in special criminal cases, its role is below optimal.