PELANGGARAN MIRANDA RULE DALAM PRAKTIK PERADILAN DI INDONESIA

SIMANIHURUK, ANTONY PRANA (2011) PELANGGARAN MIRANDA RULE DALAM PRAKTIK PERADILAN DI INDONESIA. S1 thesis, UAJY.

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Abstract

This study aims to determine the law for the suspect to his right to obtain legal assistance and mechanisms to get legal councel for the suspect in the investigation stage of criminal defendants punishable as provided in article 56 point 1 of the Criminal Code. Types of legal research is empirical legal research. Method of analysis used in this study is qualitative analysis undertaken by understanding, by assembling or review of data collected systematically. While for the process of reasoning used in drawing conclusions inductive method. The results of this research is that legal safeguards for suspects of their right to legal assistance, refer to the liability provisions of the normative law, investigator must submit a notice to the defendant that the defendant shall be accompanied by legal councel. If this rule is violated by the investigating authorities to suspect the information given suspect are not worthly to be brought to court because the information they provide is not feasible. Mechanismn appointment of legal counsel for the suspect in the stage investigation of the investigators sent a letter to one of the legal councel’s office. With give the explanation based on law, suspects need to be accompanied by without cost.

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