Manurung, Lourencius Christian (2024) Pelaksanaan Kewajiban Penunjukan Penasihat Hukum Pada Tersangka Tindak Pidana Berdasarkan Pasal 56 Kuhap Di Polresta Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

In Article 56 paragraph (1) of the Criminal Procedure Code, it is stated that: "In the event that a suspect or criminal is suspected or accused of committing a criminal offense which is punishable by the death penalty or a sentence of fifteen years or more or for those who are incapacitated, the sentence is punishable by five years or more. Moreover, those who do not have their own legal advisors, the officials concerned at all levels of examination in the judicial process are obliged to appoint legal advisors for them. This research contains the main problem: How is the obligation to appoint a legal advisor for criminal suspects based on Article 56 of the Criminal Procedure Code carried out at the Pekanbaru Police? And what are the obstacles in implementing the obligation to appoint legal counsel for criminal suspects based on Article 56 of the Criminal Procedure Code at the Pekanbaru Police? The legal research carried out is sociological legal research, research that discusses the enactment of positive law, the influence of the impact of positive law on people's lives, the influence of non-legal factors on the formation of positive legal provisions, the influence of non-legal factors on the enactment of provisions. positive law. Apart from that, sociological legal research can take the form of research that wants to see a correlation between law and society. In this way, it is hoped that it will be able to reveal the effectiveness of law in society and be able to identify unwritten laws that apply to society. Based on the results of the research obtained by the author, the implementation of the obligation to appoint a legal advisor for criminal suspects based on Article 56 of the Criminal Procedure Code at the Pekanbaru Police is not yet running as it should because it is still far from satisfactory, including incidents of illegal arrest, murder, transmission, enforced disappearance, complicated power by law enforcement officials in investigative examinations of suspects. In the event that a suspect or defendant is suspected or accused of committing a criminal offense which is punishable by the death penalty or a sentence of fifteen years or more or for those who are incapacitated who are threatened with a sentence of five years or more who do not have their own legal advisor, the officials concerned at all The level of examination in the judicial process is obliged to appoint a legal advisor for them.

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