Legal Literacy - This article discusses the definition and role of advocates according to Indonesian law, particularly in Law Number 18 of 2003 concerning Advocates. This article highlights their status advocate as law enforcers, their freedom and independence, and their important role in various stages of the criminal justice process, including investigation, prosecution, examination in court, and legal remedies. This article emphasizes the importance of advocates in ensuring justice, equality before the law, and protection of the rights of suspects, while also examining the broader impact of advocates in the legal system.
Definition of Advocate
Article 1 paragraph (1) of Law Number 18 of 2003 concerning Advocates (Advocate Law), defines an Advocate as a person who is professionally engaged in providing legal services, both inside and outside the court, who meets the requirements based on the provisions of the law a quo.
The role of Advocates in law enforcement is stated in the provisions of Article 5 Paragraph (1) of the Advocate Law which states: "Advocates have the status of law enforcers, who are free and independent as guaranteed by law".
The meaning of Advocate having the status of "law enforcer" is that the Advocate, as one of the instruments in the judicial process, has an equal position with other law enforcers in upholding law and justice.
"Free" means without pressure, threats, obstacles, without fear, or treatment that degrades the dignity of the profession. Advocates are free to express opinions in defending cases for which they are responsible in court hearings while adhering to the Advocate's Code of Ethics and statutory regulations.
The position of advocates in the Criminal Procedure Code (KUHAP) is closely related to assisting and handling criminal cases against suspects and defendants. In this case, Advocates are not only considered as objects but also as subjects together with other law enforcement officials. According to Barda Nawawi Arief, the Integrated Criminal Justice System is divided into four sub-systems, including: the power of "investigation" by the investigating agency, the power of "prosecution" by the public prosecutor's office, the power to "adjudicate and pass judgment" by the court, and the power of "execution of criminal judgments" by the executing agency.
The Role of Advocates in the Investigation Stage
An investigation is a series of actions by investigators to seek and find an event suspected of being a criminal act in order to determine whether or not an investigation can be carried out in accordance with the procedures stipulated in the law. The role of the Advocate at the investigation level is to follow the course of the examination, but only as a limited "spectator" who can only see and hear, and is not allowed to give advice or opinions, where it seems that the Advocate's participation includes preparing for the defense or providing legal advice at the examination stage.
The provisions of Article 69 of the Criminal Procedure Code (KUHAP) explain that the right to obtain legal assistance is given to the defendant with the aim of avoiding errors and arbitrariness from law enforcement officials that could harm the suspect. With the presence of an Advocate or legal advisor in the preliminary examination, the Advocate can witness and listen carefully to the examination process carried out against the suspect.
When a case is held by the police in order to clarify the position of the case that is occurring in the criminal law jurisdiction, in this case the Advocate can supervise the suitability of the procedure and scope of the case, so as to prevent actions that demean the authority of the court (contempt of court), because the case is a part of the Integrated Criminal Justice System process. The Advocate must accompany the Complainant or the Reported Party who has requested legal assistance as an implementation of the rights of every citizen.
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