Analysis of the Phenomenon of the Position of Advocacy / Lawyer by Considering Applicable Rules Related to Improving the Indonesian Criminal Justice System to A Better Way to Achieve Community Welfare
Abstract
Article 24 of the 1945 Constitution presents the judiciary as the most important part of the rule of law to become honest, impartial and legitimate seekers of justice for all justice seekers. ... What about the power of lawyers in the criminal justice system in formulating this issue? What about the role of lawyers in helping to create an integrated criminal justice system? The legal profession in the Indonesian criminal justice system that regulates the role and function of advocates as part of the legal system. Because lawyers are subject to other judicial bodies, based on judicial principles, lawyers provide services to defend legal and legal interests, and for professional ethical obligations. Through you can find and create justice. Article 5 (1) of Law Number 18 of 2003 concerning Lawyers states: " then the position of advocates is equal or equal to law enforcement officers others (Police, Prosecutors, Judges).The theory of human rights as a grounded theory, the criminal justice system as a medium-range theory, the theory of legal aid as an applied theory. In this study, a normative legal approach is used, the approach used is a legal approach, and the next approach is supported by a historical and comparative legal approach with descriptive analytical specifications. The main data used in this study is secondary data which includes primary, secondary, and tertiary legal materials. then the position of advocates is equal or equal to law enforcement officers others (Police, Prosecutors, Judges).The theory of human rights as a grounded theory, the criminal justice system as a medium-range theory, the theory of legal aid as an applied theory. In this study, a normative legal approach is used, the approach used is a legal approach, and the next approach is supported by a historical and comparative legal approach with descriptive analytical specifications. The main data used in this study is secondary data which includes primary, secondary, and tertiary legal materials. and the next approach is supported by a historical and comparative legal approach with descriptive analytical specifications. The main data used in this study is secondary data which includes primary, secondary, and tertiary legal materials. and the next approach is supported by a historical and comparative legal approach with descriptive analytical specifications. The main data used in this study is secondary data which includes primary, secondary, and tertiary legal materials.
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Abdulkadir Muhammad. (2004). Law & Legal Research, Publisher PT. Image of Aditya Bakti, Bandung.
Soekanto.Soerjono, & Mamudji Sri. (2003). Normative Legal Research: a brief overview. Jakarta: PT. Raja Grafindo Persada.
Suratman & Dillah, Philips. (2014). Legal Research Methods: Complete with Procedures & Examples of Writing Legal Scientific Papers, Second Printing. Bandung: Alfabeta.
Abdurrahman. (1980). Renewal of Criminal Procedure Code and New Criminal Procedure Code in Indonesia, Bandung Alumni.
Bahder J. Nasution. (2008). Legal Research Methodology, CV Publisher. Mandar Maju, Bandung.
Bagir Manan. (2006). Position of Law Enforcement in the constitutional system of the Republic of Indonesia, Varia Judiciary XXI No. 243 February.
Frans Winarta. (2000). Legal Aid (A Human Rights Not Mercy), PT Flex Media Komputindo Gramedia Group, Jakarta.
Rusli Muhammad, (2011). Indonesian Criminal Justice System, UII Press, Yogyakarta, ___________,.(2006). Portrait of the Indonesian Court of Justice, PT. Rajagrafindo Persada, Jakarta,. Soerjono Soekanto, Introduction to Legal Research, University of Indonesia Publisher, (UI-PRESS), Jakarta, 1986. Sutiyoso Bambang, Justice Reform and Law Enforcement in Indonesia, UII PressYogyakarta, 2010.
Legal Considerations of the Constitutional Court Decision Number 014/PUU-IV/2006 regarding the Judicial Review of the Law on Advocates.
Law Number 4 Year 2004 concerning Judicial Power. January 15, 2004. State Gazette of the Republic of Indonesia Year 2004. Number 8. Jakarta.
Law No. 18 of 2003, Regarding Advocates
Law Number 8, 1981, concerning Criminal Procedure Code (State Gazette of the Republic of Indonesia Year 1981 Number 76, Supplement to the State Gazette of the Republic of Indonesia Number 3209);
Law Number 14 of 1985 concerning the Supreme Court (State Gazette of the Republic of Indonesia of 1985 Number 73, Supplement to the State Gazette of the Republic of Indonesia Number 3316);
Law Number 2 of 1986 concerning General Courts (In the State Gazette of the Republic of Indonesia of 1986 Number 20, Supplement to the State Gazette of the Republic of Indonesia Number 3327);
DOI: https://doi.org/10.33258/birci.v5i2.5145
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