ASWANTO, - (2019) JAMINAN PERLINDUNGAN HAK ASASI MANUSIA DALAM KUHAP DAN PERANAN BANTUAN HUKUM TERHADAP PENEGAKAN HAK ASASI MANUSIA DI INDONESIA. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This research discusses human rights and legal aid in terms of criminal justice system. Legal aid is an institution whose main task is to fight for the enforcement. of the law that protects human rights. The aims of this research are to find the rule of the legal aid institution in protecting human rights and factors which may lead to human rights violation, expecially ~lich deals with the implementation of criminal justice system and to seek alternatives which may be recommended to promote and protect human rights. This research is a sociolegal research focusing on juridical approach. In this case, normative approach as well as descriptive analysis are conducted. The data collected from the field research can be figured out and it has been analyzed based on relevant theories and concepts. The field research has been carried out through interviews with lawyers~ judges, police, and prisoners. In addition, the dossiers of investigative reports collected by the police are also used as a complementary data. From this research. it has been disclosed that the administration of criminal justice system does not work properly. The investigators frequently use the ways that disregard and contempt htunan dignity in interrogating people who are suspected as to have committed crime. Legal aid institution, which has been established in the system is not exhaustively utilized yet. The constraint is that those who administer the criminal justice undermine the existence of legal aid institution and think that the institution is an obstacle to the process of criminal justice system. On the other hand, attorneys at law are likely less qualified than those of supposed to be. Disi"egard and contempt of human right.s in any fl"om occur in every stage of the administration of criminal justice system in Indonesia.

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