PERAN ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM SECARA CUMACUMA
KEPADA KLIEN YANG TIDAK MAMPU DENGAN ANCAMAN PIDANA
PENJARA KURANG DARI LIMA TAHUN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Yudoprakoso, Paulus Wisnu
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:44:27
Abstract :
Advocate for the profession to devote himself to the community, to provide legal assistance free of charge to the people who can not afford. People who can not afford have the right to obtain legal aid free of charge. Because people who can not afford to have the same rights as other people before the law. Therefore advocate the need for role in providing legal assistance free of charge is necessary in ensuring the fulfillment of civil right of all citizens. Need for legal assistance free of charge by the advocates is necessary in order to reduce the gap between the rich and the poor in obtaining his rights before the law. So that justice can be achieved for the whole community. The type of this research was normative legal research, focused on positive legal norni by shape of regulations the provision of legal assistance free of charge. This research needed secondary data (legal. source) as primary data. The primary legal source was regulation, legal opinion from the books, papers, and articles concerning on legal aid, and tertiary legal sources from legal dictionary. The method of data collection was conducted through interview to the source person, i.e. Advocate in law office of CJUS in Yogyakarta. The data gained was then analyzed descriptively and qualitatively. The data was then vertically systemized by using subsumption law and horizontally conducted legal analysis, of which then was 'grammatically and systematically conducted legal interpretation. From the result of this research, it can be drawn conclusion the role of advocates in legal aid free of charge to clients who can not afford the penalty of imprisonment of less than five years.
Advocate for the profession to devote himself to the community, to provide legal assistance free of charge to the people who can not afford. People who can not afford have the right to obtain legal aid free of charge. Because people who can not afford to have the same rights as other people before the law. Therefore advocate the need for role in providing legal assistance free of charge is necessary in ensuring the fulfillment of civil right of all citizens. Need for legal assistance free of charge by the advocates is necessary in order to reduce the gap between the rich and the poor in obtaining his rights before the law. So that justice can be achieved for the whole community. The type of this research was normative legal research, focused on positive legal norni by shape of regulations the provision of legal assistance free of charge. This research needed secondary data (legal. source) as primary data. The primary legal source was regulation, legal opinion from the books, papers, and articles concerning on legal aid, and tertiary legal sources from legal dictionary. The method of data collection was conducted through interview to the source person, i.e. Advocate in law office of CJUS in Yogyakarta. The data gained was then analyzed descriptively and qualitatively. The data was then vertically systemized by using subsumption law and horizontally conducted legal analysis, of which then was 'grammatically and systematically conducted legal interpretation. From the result of this research, it can be drawn conclusion the role of advocates in legal aid free of charge to clients who can not afford the penalty of imprisonment of less than five years.
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