DON'T BE AFRAID TO USE AN ADVOCATE

Apart from being an advocate as a professional job, an advocate is also a free and independent
law enforcer who in carrying out his profession is guaranteed by laws and regulations, with the
work area of all jurisdictions in Indonesia (vide: article 5 of Law no. 18 of 2003 concerning
Advocates).

Advocates in carrying out their profession in the field of litigation are involved in all judicial
processes and ordinary legal remedies as well as extraordinary legal remedies (herziening). So
that the Advocate profession in dealing with legal issues is needed in all social stratification,
from the common people, businessmen, any official to the President.

So far, the impression is that those who need an Advocate as a Legal Advisor are a class of
wealthy people who need high fees, require high fees, so that advocates are not for the poor. This
signal is used as the basis for many investigators on how to prevent suspects or anyone they
arrest so that they do not exercise their right to be defended or accompanied by an Advocate
(Legal Counsel) at the time of an examination of a suspect, with certain reasons and motives.

The general public must know that every Advocate is actually obliged to provide legal assistance
to justice seekers who cannot afford it for free or for free. [vide: Article 22 paragraph (1) of Law
No.18 on Advocates], in this case of course, includes anyone who is arrested, detained in a
criminal case and he is indeed financially incapable, he has the right to be defended and assisted
by a Legal Counsel with It's free. If you are arrested, before being investigated you will be asked
by the investigator, "will you in this examination exercise your right to be assisted by a Legal
Counsel / Advocate?", Then if the criminal threat suspected is over 5 years, you should not
hesitate to answer, "Yes I need a Legal Counsel". So when you say "you need Legal Counsel"
then the Investigator may not examine you, until you have a Legal Counsel. You don't hesitate
and don't be influenced by the ways of investigators that make you not use your right to be
defended by the Legal Counsel, because later you will definitely lose yourself.

Never mind you as ordinary people, DPR Officials, Ministers and even the President, even if
they are dealing with the law they need Advocates or Legal Advisors. In addition, the public
needs to know that in criminal cases punishable by death penalty, or imprisonment for 15 years
or more, or for those who cannot afford to be punished for 5 years or more (vide: article 56
paragraph 1 of the Criminal Procedure Code) there is no reason. Anything for the Investigator or
the Official concerned has neglected his obligation to appoint a Legal Counsel for the Suspect or
Defendant If the investigating official does not carry out his obligation in appointing a Legal
Counsel, then the Investigation Report (BAP) of the suspect becomes invalid, and the suspect's
BAP made by the investigator is null and void.
In this article, so that it is known to the public at large, it is necessary to convey that if you are
arrested, detained or declared a suspect, your legal rights are as follows :

1.) The right to contact and choose your legal adviser;

2.) The right to be immediately examined by an investigator after 1 × 24 hours of detention;
3.) The right to be clearly informed in a language understood by you about what is suspected of
you and accused at the start of the examination;
4.) The right to give information freely to investigators and to judges at the investigation and trial
levels;
5.) The right to request or apply for a suspension of detention;
6.) The right to contact or receive visits from your personal doctor for health purposes;
7.) The right to receive a suspension of detention or a change in the status of a detainee;
8.) The right to send letters or receive letters from legal advisers and relatives without being
examined by investigators / public prosecutors / judges / state prison officials;
9.) The right to object to detention or the type of detention to investigators;
10.) The right to contact and receive visits of clergy;
11.) The right to be free from pressure such as: intimidation, being scared and physically tortured
to get your confession;
12) The right to be notified by investigators of your right to legal assistance; Etc.

The need for you to get legal assistance from an advocate or legal advisor is intended so that
your legal rights, including your human rights, are not raped in the judicial process. However, it
is very possible that you will run into a deadlock in exercising your right to be defended and
assisted by a Legal Counsel, because psychologically you are in the power of the detaining party.
And not all investigators are happy to see suspects defended and accompanied by advocates or
legal counsel, with all kinds of motives. Therefore, in law enforcement reform that is currently
hot, all of us as law enforcers must be willing to understand and respect legal rights, both the
legal rights of suspects, defendants and convicted people. So that the rule of law in turn can
actually be enforced in this country. Hopefully…!!

Nama : Efionita Sepfiani Kelas B Ilmu Hukum

Npm : 120010043 Mata kuliah B. Inggris