PERAN PARALEGAL DALAM PENDAMPINGAN HUKUM SECARA PRO BONO TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA

(Studi di Posbakumadin Pengadilan Negeri Wonogiri)

Abstract

This right must be fulfilled at every level of examination without
exception. The purpose of this study is to find out pro bono legal assistance for
children who commit criminal acts, and to find out paralegal barriers and efforts
to overcome them in providing pro bono legal assistance to children who commit
criminal acts.
Paralegals assist people who are dealing with legal issues by understanding
the steps of assistance that are in accordance with the stages of handling them.
The importance of legal aid in the juvenile criminal justice system can be seen
from the obligation imposed on law enforcement officials to notify children and
their parents or guardians of this right.
The nature of the research used is descriptive analytical which uses
empirical juridical research, using primary and secondary data. Primary data
obtained by means of interviews. Secondary data is obtained by means of
literature study or documentation study. Then, all data and information are
processed using qualitative data analysis.
The results of the study indicate that the provision of legal assistance is a
right for children who are in conflict with the law. A child who is involved in a
criminal case has the right to appoint and contact and request assistance from a
Legal Counsel to be able to make preparations for his defense in upholding his
rights when dealing with the law. The implementation of the role of paralegals in
providing legal assistance to children in conflict with the law is carried out in the
form of assistance at each level of examination, namely the investigation stage,
investigation stage and examination stage in court. The inhibiting factors are the
lack of perspective of law enforcement officers about children, the absence of a
common perception between the Wonogori Community Center (BAPAS) and the
legal aid provider, the psychology of victims is difficult to find, the
ineffectiveness of recovery for children in conflict with the law, mostly hampered
by insufficient evidence. During the examination of the witness, the legal aid
provider was not given information so that the witness was not accompanied by
the Legal Aid Institute, paralegals of the victim's child were not allowed to enter
the trial, investigators did not refer to Posbakumadin or parents who did not want
their children to be accompanied due to family disgrace. Obstacles faced by
paralegals will directly make it difficult to carry out their mentoring duties, but it
will also have an impact on the services received for child victims.
Keywords: Paralegal, Pro Bono Legal Assistance, Children Committing Crimes