PELAKSANAAN BANTUAN HUKUM TERHADAP ANGGOTA TNI AD DAN KELUARGANYA OLEH KUMDAM V BRAWIJAYA PASCA BERLAKUNYA UU NO. 18 TAHUN 2003 TENTANG ADVOKAT (STUDI DI KUMDAM V BRAWIJAYA)
| Main Author: | TUTUR SETIAWAN , FENDI |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2008
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/7279/1/Pelaksanaan_Bantuan_Hukum_Terhadap_Anggota_Tni_Ad.pdf http://eprints.umm.ac.id/7279/ |
Daftar Isi:
- State Indonesia is State which based on of law of is which this statement have been affirmed in Undang-Undang 1945 amandemen pasca which to four specially there are at Pasal 1 ayat ( 3), because of that's peripherals of State in the effort execution of duty and his function have to by virtue of law also that is positive law or which there are in so many regulation of per-Undang-Undangan going into effect. Pasca Undang-Undang No. 18 year 2003 about Advocate debate there is still regarding giving of legal aid namely conducted by Kumdam as military body acting as legal advisor to member of TNI and its family. Which become research object at the same time definition of is problem of which lifted in this research is execution of legal aid of Kumdam V Brawijaya in giving legal aid to member of TNI AD and its family and Constraint faced by Kumdam V Brawijaya in execution of giving of legal aid to member of TNI AD and its family. This research have the character of sosiologis yuridis namely, research which is through that is relied on solution field data through interview and documentation and related to theory punish and also seen realita that happened in masyarakat.Technic gathering of law materialss the used is interview, book study and supported by law documentation. While to analyse data, writer use descriptive method qualitative, that is a way of data analysis by using responder as supporter in conducting research which is later;then studied by using Law or regulation going into effect to regarding research data. From result of research can know that After releasing of new regulasi about legal aid which is termaktub in Undang-Undang of No. 18 Year 2003 About Advocate, hence Kumdam as legal aid institute in jurisdiction have to pay attention rule going into effect in Undang-Undang of No. 18 year 2003 about Advocate. Of clarification above can know that Kumdam at one's feet of Undang-Undang of No. 18 year 2003 about this Advocate matter as according to ground go into effect Undang-Undang ( Lex Superior Derogate Lex Inferiori) higher level Undang-Undang have higher level also. As for constraint faced by Kumdam in giving legal aid is the Problem of its Human Resource minim is amount of member of Kumdam getting permit as advocate / legal advisor, Less the existence of coordination between related side between side of Kumdam with side like judge, attorney, police, Problem of fund or expense in giving of legal aid the limited transportation fund or expense because of Bankum do not be supported and defrayed from Commando To the , Less the existence of client less the existence of awareness of rightful claimant side get legal aid of Kumdam to have recourse law at Bankum Kumdam , Problem of complicated case complexity usually in the case of after case enter in justice of client don't have complete evidence in case, existence of falsehood of and client of ketidakterbukaan.