Legal Literacy - This article discusses the meaning and role of advocates according to Indonesian law, especially in Law Number 18 of 2003 concerning Advocates. This article highlights the status of advocates 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 guaranteeing 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), provides the definition of Advocate as a person who practices 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, free, and independent guaranteed by law”.
The meaning of Advocate having the status of “law enforcer” is that Advocate is one of the instruments in the judicial process that has an equal position with other law enforcers in upholding law and justice.
What is meant by “free” is 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 KUHAP (Criminal Procedure Code) 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.
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