Implementasi Pemberian Bantuan Hukum Kepada Masyarakat Miskin dalam Rangka Mencari Keadilan Berdasarkan Undang-undang Nomor 16 Tahun 2011 Tentang Bantuan Hukum (Studi di Kabupaten Bengkayang)

摘要

The title of this thesis is the implementation of the public administration of the Legal Aid ToPoor In Order for Justice pursuant to Act No. 16 of 2011 on Legal Aid (Studies inBengkayang District). The background is that the implementation of legal aid in Bengkayangnot been implemented properly. Pembahuruan their normative on Legal Aid, certainlybrought changes in implementation, this is what makes this study interesting to study. So,you need to know more about the implementation of legal aid to the poor in seeking justice inBengkayang.The provision of legal assistance free of charge to the community can not afford inBengkayang encounter many obstacles that exist, namely the lack of an advocate or legalcounsel in Bengkayang and the absence of Legal Aid which is accredited by the Ministry ofJustice and Human Rights of the Republic of Indonesia.Given the importance of legal aid in creating justice, uphold human rights and equality beforethe law, as well as in achieving the due process of law, would make the obligation to providelegal assistance becomes important to be implemented effectively. This study is important,given the enormous benefits to be gained when the implementation of legal assistance to theunderprivileged in Bengkayang, can be carried out effectively, but it also provides forms oflegal reforms in the aspect of distributive justice. The problem is (1) no Legal Aid inBengkayang accredited by the Ministry of Justice of the Republic of Indonesia Human Rights4dn (2) No Advocate registered in Peradi (3) how the Government policy Bengkayangovercome these problems?The results of the research thesis can be concluded, that the first, Implementation ProvidingLegal Aid To Poor People In Order for Justice Under Law No. 16 of 2011 on Legal Aid(Study In Bengkayang District) can not be implemented properly for their deviations inpractice. Such as, the lack of people who file the Application of Legal Aid because it has notfully understood about Understanding the Law, and confused to apply to anyone when tryingto obtain legal aid, execution of legal assistance through mentoring advocate can only beenjoyed if the poor committing a crime punishable by the death penalty or 5 (five) years ormore suspects and the court process continues even without the presence of lawyers, eventhough there is no denying advocate in directly providing legal aid, but advocates consideredless professional and discriminatory. The absence of provision and not given legalassistance to suspects and accused of committing criminal offenses punishable under 5(five) years when following the trial so many poor people who followed the trial without therepresented Advocate, Second: The obstacles encountered in the implementation of GivingLegal aid To Poor People In Order for Justice Under Law No. 16 of 2011 on Legal aid (StudyIn Bengkayang District) obtained classified and divided into three factors namely, the factorof legal substances (legal substance), legal structure (legal structure), and legal culture(legal culture). Factors legal substances that inhibit one of which is the lack or weakness inthe substance of Article 56 paragraph (1) Criminal Code concerning restrictions on legal aidrecipients based on the qualifications of the threat of punishment. Factors that inhibit thelegal structures, law enforcement apparatus in terms of internal and external which alsoincludes facility or facilities. Factors law enforcement in terms of internal inhibits such as,lack of integrity, morality, idealism and professionalism advocates. Factors law enforcementin terms of external and facilities or facilities that inhibits such as No Legal Aid inBengkayang which is accredited by the Ministry of Justice and Human Rights and NoAdvocate registered in Peradi, lack of funding or budgets of local governments, lack ofcontrol and supervision , cultural factors that inhibit law covering cultural factors of law orcultural factors and community factors. Legal culture or cultural factors in this regard includecultural factors of law or culture of the community and law enforcement officers (investigatorsand lawyers). Such as, the lack of public understanding of the right to legal aid refers tomistrust, pessimism and skepticism towards the implementation of legal aid, and elements ofattitudes, values, way of acting and thinking advocates and investigators, which occursrepeatedly leading to the attitudes or actions irregularities. Factors that inhibit community isnegative community views on the implementation of legal aid as well as concerns in the useof legal assistance. Suggestions: (1) We recommend that in the hearing at the court, legal5assistance through mentoring advocates can be enjoyed by people during the early stagesrather than when additional screening and examination should not be performed before thepresence of an advocate. Integrity, morality, idealism and professionalism of lawenforcement officers should be further enhanced. The need for provisions to provide legalassistance to people who become suspects and defendants are suspected of and chargedwith a criminal offense punishable under 5 (five) years without having to wait for assistancefrom poor communities. (2) For Local Governments Need to establish Legal Aid inBengkayang, create a Local Regulation on Legal Aid to the community of Poor, and alsoneed to cooperate with the Legal Aid Society who has been in West Kalimantan that LegalAid to Poor people may soon be given before the establishment of the Legal Aid Institute inBengkayang.