Contrasting Legal Aid in Jinayat and KUHAP: Free Counsel Provision Diverges in Procedural Laws

jinayat procedural law criminal procedure code free legal assistance state-provided legal counsel

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December 31, 2023

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This study aims to investigate the comparison between the Jinayat procedural law and the Criminal Procedure Code (KUHAP) in providing free legal assistance for suspects. The method used is a normative juridical approach with legislative and conceptual perspectives, employing primary legal materials such as Qanun Aceh Number 7 of 2013 on Jinayat Procedure and Law Number 8 of 1981 on Criminal Procedure Code, as well as secondary legal materials like journal articles and books. The analytical technique employed is descriptive analysis, and the interpretation involves grammatical and systematic interpretations. The research results indicate that under Jinayat procedural law, an individual provided with legal counsel is threatened with 60 (sixty) lashes or a fine of 1200 (one thousand two hundred) grams of pure gold or 60 (sixty) months of imprisonment or more, or for those who cannot afford it. On the other hand, criminal procedural law limits the provision of legal advice to suspects facing imprisonment of five years or more, the death penalty, or fifteen years of imprisonment. As a recommendation for the future, this article suggests that the concept of free legal counsel provided by the state should be extended to all suspects. Further discussion may involve a reconsideration of these limitations and further investigation into the legal consequences if law enforcement fails to provide legal assistance in accordance with the requirements stipulated in procedural laws.