Reconstruction of Legal Aid Norms in the New Criminal Procedure Code: From the Limits of Criminal Threats to Needs-Based Protection and Sharia Maqasid

Abstract

The reform of criminal procedural law through Law No. 20 of 2025 on the Criminal Procedure Code strengthens the recognition of the right to legal aid but does not fully guarantee effective protection for suspects or defendants who cannot afford legal representation. The main problems concern unclear standards of indigency, the appointment of legal assistance from the initial stage of examination, the quality of assistance, and the legal consequences of violations. This study aims to reconstruct the legal aid provisions in the new Criminal Procedure Code based on defense needs and human rights protection through the perspective of Maqasid Sharia. This normative juridical study employs statutory, conceptual, and philosophical approaches by examining the new Criminal Procedure Code and the theories of Maqasid Sharia, substantive justice, and access to justice. The findings indicate that legal aid should shift from a criminal-threat-based paradigm to a defense-needs-based paradigm grounded in indigency and the actual need for legal assistance. Article 154 should serve as the principal provision guaranteeing legal aid from the beginning of examination regardless of the criminal penalty, while provisions concerning serious offenses should function as an additional safeguard. The reconstruction should also establish the State’s active obligation, factual and inclusive indigency standards, effective legal assistance standards, and legal consequences for violations. In conclusion, legal aid must be positioned as an active State obligation and an integral element of legitimate criminal proceedings. A Maqasid Sharia-based reconstruction is recommended to protect life, intellect, property, and dignity while strengthening substantive justice and access to justice.