PEMBERIAN BANTUAN HUKUM OLEH BIDANG HUKUM KEPOLISIAN DAERAH SUMATERA BARAT KEPADA ANGGOTA KEPOLISIAN YANG MENGHADAPI PROSES HUKUM PERKARA PIDANA

Abstract

ABSTRACT The provision of legal assistance by the legal field of the West Sumatra Regional Police to members of the police who face criminal proceedings is regulated in the Head of the National Police Regulation No. 2 of 2017 concerning Procedures for Providing Legal Aid by the Indonesian National Police. As the criminal case No. 135/Pid.B/2012/PN.MR, where the defendant is a member of the police with the initials SB and RA in a criminal case of persecution that resulted in the death of a person in a detention cell. Problem formulation: (1) What is the procedure for providing legal assistance by the legal department of the West Sumatra Regional Police to members of the police who are facing criminal case proceedings? (2) What are the obstacles faced by the legal division of the West Sumatra Regional Police in providing legal assistance to members of the police who are facing criminal case proceedings? This study uses a sociological juridical approach. The data sources are primary data and secondary data. Interview data collection techniques and document studies. Data were analyzed qualitatively. The results of the study are: (1) The procedure for providing legal assistance is that a member of the police who is involved in a criminal case submits a written application to the Head of the West Sumatra Regional Police. Then the head of the police issued a warrant to the legal department to provide legal assistance and a special power of attorney was made. (2) The obstacle faced by the legal sector in providing legal aid is the internal factor of the lack of legal aid providers. The external factor is the understanding that the Public Prosecutor can provide legal assistance refers to Law no. 18 of 2003 concerning Advocates, not Law no. 2 of 2002 concerning the Indonesian National Police.