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All Journal Punggawa Law Review
Naila Meuthia Azza
Andalas University

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The Paradigm Shift Of Legal Aid In The Criminal Justice System: A Critical Analysis Of Law Number 20 Of 2025 And Its Implications For Corruption Offenses Naila Meuthia Azza
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

This study examines the paradigm shift regarding the fulfillment of the right to legal aid within the Indonesian criminal justice system. It compares the previous regulatory framework with the newly enacted laws. This research employs a normative legal method utilizing statutory and conceptual approaches. The findings reveal that the legal politics of Law Number 8 of 1981 concerning the Criminal Procedure Code contained structural weaknesses, primarily the absence of annulment sanctions when investigators obstructed legal aid access. Consequently, Law Number 16 of 2011 on Legal Aid could not operate optimally during the investigation phase. The enactment of Law Number 20 of 2025 introduces a progressive reform by implementing the exclusionary rule, mandatory audiovisual recording of interrogations, and active supervision by the Preliminary Examining Judge. In practice, particularly within corruption cases, securing legal aid during early investigations proves vital to protecting lower-ranking officials from the arbitrary transfer of criminal liability by their superiors. Fulfilling this right guarantees an objective sentencing process, which ultimately supports the success of convict rehabilitation programs.
Criminal Law Policy and Human Rights Protection: Analyzing the Rationalization of the New Indonesian Criminal Code and Criminal Procedure Code Naila Meuthia Azza
Punggawa Law Review Vol. 1 No. 4 (2026): Punggawa Law Review: September - October
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i4.61

Abstract

This article analyzes the intersection of criminal law policy and human rights protection in Indonesia, focusing on the rationalization of the New Criminal Code (Law No. 1 of 2023) and the urgency of reforming the Criminal Procedure Code (KUHAP). Using a normative legal method with statute, conceptual, and case approaches, the study evaluates the shift from a retributive paradigm to restorative and rehabilitative justice. Despite normative progress aimed at preventing degrading punishments and introducing sentencing alternatives, empirical realities reveal persistent anomalies. By examining concrete cases of wrongful arrest and trial by press outside the context of narcotics offenses, this paper demonstrates the enduring dominance of a repressive crime control model among law enforcement apparatuses. The research concludes that substantive human rights protection requires both the legislative institutionalization of a Preliminary Examining Judge (Hakim Pemeriksa Pendahuluan) to oversee coercive measures and a radical cultural transformation within law enforcement agencies.  
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