The Role of Legal Advisors in Criminal Case Settlement Process

Abstract

Since enactment of Law No. 8 of 1981, LN. No. 76 of 1981, namely regarding Criminal Procedure Code which came into force on December 31, 1981, provisions contained in HIR (Het Herzine Inlandsch Reglement) Staatsblad 1941 44 and all its implementing regulations are no longer valid. The values of Pancasila and 1945 Constitution which are noble and uphold existence of human rights also recognize position and role of defenders which are implemented or further embodied in Criminal Procedure Code, namely Law No. 8 The position and role of defender are closely related to rights of suspect or defendant because defender or legal advisor is present in process of settling criminal cases precisely to assist and defend rights of suspect or defendant as regulated in Criminal Procedure Code (KUHAP) A suspect who is suspected of committing a criminal act is not necessarily a guilty person, nor is a defendant charged with a criminal act not necessarily guilty because in our legal state recognizes principle of the presumption of innocence, so suspect or defendant must be considered innocent. guilty before there is a judge's decision that already has permanent legal force. The presence of a defender in settlement of a criminal case in addition to accompanying a suspect or defendant and defending him is also due to moral and juridical responsibility as one part of law enforcement officers who work together same as other law enforcers trying to find material truth. In this criminal justice process, provisions of Article 54 of Criminal Procedure Code emphasize rights of suspect be accompanied by defense or legal counsel at every level of examination, in other words, that suspect or defendant has right to have contact with defender from time of preliminary examination until time of preliminary examination. examination in court.