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All Journal Greenation International Journal of Law and Social Sciences
Sarman Sarman
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Limitations on The Right to Legal Counsel for Criminal Defendants in Light of The Principle of Equality Before The Law Sarman Sarman; MS. Tumanggor; Lukman Hakim; Septi Ayu Wulandari; Trias Saputra
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.537

Abstract

The principle of equality before the law is a fundamental principle in a democratic state governed by the rule of law. This principle guarantees that every individual, regardless of their background, is treated equally under the law. In the context of the criminal justice process, the application of this principle is closely linked to the right to legal assistance for criminal offenders.  This journal aims to analyze the juridical and practical limitations on the right to legal assistance and their impact on the enforcement of the principle of equality before the law in Indonesia. The research method used is normative-empirical, which involves examining relevant legislation (the Indonesian Criminal Procedure Code and the Legal Aid Law) and empirical data from the field.  The findings indicate that although the right to legal assistance is guaranteed by the constitution, its implementation still faces serious challenges, especially for indigent criminal offenders. These limitations create procedural and substantive inequality, which ultimately reduces justice. The journal recommends the need for legal and policy reforms to strengthen access to legal aid, so that the principle of equality before the law can be fully realized.
Co-Authors Lukman Hakim MS. Tumanggor Septi Ayu Wulandari Trias Saputra