PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA DI TINGKAT PENYIDIKAN (Studi : Polresta Padang)

Abstract

State provides protection to the welfare of children in the form of a guarantee on the fulfillment
of their rights in accordance with Article 23 of the criminal justice system of children, the child
must be given legal assistance at every level of checks, including at the level of investigation at
the Padang Police. But in fact legal aid did not take place at the level of investigation. The
formulation of the problem is: (1) How is the implementation of the provision of legal assistance
to child criminal on the level of investigation in the Police Padang? (2) Are the obstacles
encountered by investigators Police Padang in providing legal assistance to children at the level
of a criminal investigation? The method used is the juridical sociological data sources, primary
data and secondary data. The data collection techniques, study documents and interviews.
Furthermore, the data were analyzed qualitatively. Based on the study, (1) The provision of legal
assistance to children at the level of a criminal investigation in Padang Police started before the
examination, the investigator asks whether the child legal counsel, if not, then the next
investigator asks if need legal assistance. If needed, the letter of appointment will be made legal
counsel. If it does not require, children to sign a statement is not using the right legal assistance.
(2) Obstacles encountered investigator that parents / guardians suspect the child is not willing to
counsel and investigators do not understand the contents of the Legal Aid Act so that the
obligation investigator in providing legal assistance to the suspect a child is not accomplished.
Key words: Legal aid, Child, Investigation