The obligation of assistance to citizens provided by the state is only for citizens with a 15-year criminal sanction or the death penalty for people who are less capable and a threat of 5 years or more for other communities as indicated in Article 56 of Law No. 8 of 1981. Restrictions on access to legal assistance as meant in Article 56 of the Criminal Procedure Code will place the state in a discriminatory position against the right of legal assistance to citizens and the state's obligation to provide legal assistance. This study aims to identify, understand and analyze the philosophical basis of the state's obligation to provide legal assistance for those who are unable (prabono) and ratio of legal aid obligations from the state only for those accused of being sentenced to death or 15 (fifteen) years of imprisonment or defendants incapable of being threatened with 5 (five) years or more as Article 56 of Law No. 8 of 1981. This type of research is normative by carrying out several approaches, namely the legal approach, case approach and historical approach. The results of this study reveal that the philosophical basis of the state's obligation to provide legal assistance to inadequate defendants is that the Indonesian nation is increasingly clear in the economic position of the marginal community, namely the poor. Therefore, there is a right to legal assistance for people who are not economically capable so that they get justice. These rights are stated in national law, then the ratio of legal aid obligations from the state only to the defendant who is threatened with death penalty or 15 (fifteen years) in prison or incapacitated defendants who face a sentence of 5 (five) years or more as Article 56 of the Law No. 8 of 1981, in this case the process of criminal law, the state must not limit legal assistance with certain qualifications but must provide freedom and broad access to law and legal assistance.
