<![CDATA[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.]]>
Copyrights © 2026
