AKIBAT HUKUM PROSES PEMBUKTIAN TERHADAP TERDAKWA YANG TIDAK DIDAMPINGI PENASIHAT HUKUM DALAM PERSPEKTIF HUKUM ACARA PIDANA (STUDI PUTUSAN PENGADILAN NEGERI TEMBILAHAN NOMOR 215/Pid.Sus/2019/PN Tbh.)

Abstract

The Criminal Procedure Code adheres to the principles contained in the provisions stipulated in Articles 50 to 64 of
the Criminal Procedure Code which can be concluded as the rights of the suspect or defendant. Among the rights of
a suspect or defendant is the right to obtain legal assistance from legal counsel which can be provided at every level
of examination and in the context of rapid distribution of justice for everyone which is carried out quickly, cheaply
and simply. In the practice of implementing litigation, the provision of legal assistance to the community is often not
carried out. One of them is in the case that the author will discuss, the Decision of the Class II A Tembilahan
District Court number 215/Pid.Sus/2019/PN Tbh which sentenced Kamarek bin Ruslan to 6 years in prison and a
fine of Rp. 3 billion, subsidiary to 6 months in prison. In the a quo trial, the Defendant who is an illiterate person is
not accompanied by a Legal Counsel so that he cannot fight for his rights as a Defendant. In this paper, the author
will examine the legal consequences that arise in the court process where the defendant is not accompanied by a
legal advisor, as well as legal protection for the rights of the defendant who is not accompanied by a legal advisor
during the trial.