RechtIdee
Vol 21, No 1 (2026): JUNE

Protecting Socioeconomically Vulnerable Defendants: Poverty Criminalization in Indonesia and Saudi Arabia

Abriantinus Abriantinus (Faculty of Law, Universitas Dr.Soetomo)
Vieta Imelda Cornelis (Faculty of Law, Universitas Dr.Soetomo)
Syahrul Borman (Faculty of Law, Universitas Dr.Soetomo)
Nur Handayati (Faculty of Law, Universitas Dr.Soetomo)
Khalid Saleh Y. Alammari (Unknown)



Article Info

Publish Date
27 Jun 2026

Abstract

Study Objectives: This article examines how Indonesian and Saudi Arabian criminal justice frameworks protect, or fail to protect, defendants whose socio-economic vulnerability shapes their exposure to the criminal process and punishment.Method/Approach: It uses normative legal research, including statute, conceptual, and functional comparative approaches.Novelty: This study advances a social vulnerability-sensitive criminal justice model of poverty.Findings: The study finds a shared formal commitment to defense rights but divergent institutional designs. Indonesia now combines a statutory legal-aid scheme with the 2025 Criminal Procedure Code, which requires officials to inform indigent persons of legal-aid rights and appoint counsel in specified cases. The 2023 Criminal Code also provides a stronger foundation for individualized and non-custodial sentencing. Saudi Arabia recognizes the accused’s right to counsel during investigation and trial and provides a state-funded appointment route in serious crimes, but that route depends on a request, judicial verification of indigence, and a serious-crime threshold. Neither system expressly requires a court to assess the poverty-related consequences of prosecution, fines, detention, or imprisonment.Conclusion: Defense rights require meaningful access to defense, an ability-to-pay review, a custody-necessity test, written reasons that address social impact, and, where proportionate, restorative or community-based responses. 

Copyrights © 2026






Journal Info

Abbrev

rechtidee

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic ...