The Role of Advocates in the Investigation Stage

Investigation is a series of investigator actions to search for and find an event suspected of being a criminal act in order to determine whether or not an investigation can be carried out according to the method regulated in the law. The role of Advocates at the investigation level is to follow the course of the examination, but only as a limited "spectator" who only sees and hears, is not allowed to give advice or opinions, where it seems that the Advocate's participation includes preparing for compiling a defense or providing legal advice at the examination stage.

The provisions of Article 69 of the Criminal Procedure Code 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 can harm the suspect. With the existence 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 legal area, 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 judiciary (contempt of court), because the case title is part of the Integrated Criminal Justice System process. Advocates must accompany the Reporter or Reported Party who has requested legal assistance from him as an implementation of the rights of every citizen.