SUSPECT DO NOT BE AFRAID TO USE ADVOCATE

Regardless Advocate as a job Profession, Advocate is also a Law Enforcement free and independent in their profession is guaranteed by the Act and legislation, with the working area across jurisdictions in Indonesia (see: Article 5 of Law No. 18 2003 about Advocate). Advocates in their profession in the field of litigation involved in all legal proceedings and remedies ordinary and extraordinary legal remedy (herziening). So Advocate profession in dealing with legal issues is needed in all good social stratification of the little people, entrepreneurs, any officer to the President.

During this time the impression they need Advocate as Legal Counsel is among those capable of being costly, requiring expensive, so advocates not for the poor. The indication is used as a base by many persons Investigators how to keep the suspect or anyone they arrest in order not to exercise its right to be defended or accompanied by Advocate (Legal Counsel) at the time of the examination of the suspect, with a particular reason and motivation.

The public should know, that every Advocate actually required to provide legal assistance for justice seekers who are unable to free of charge or FREE. [vide: Article 22 paragraph (1) of Act 18 of Advocate], in this case would include for anyone who is arrested, detained in a criminal case and he did not afford financially, he has the right to be defended and accompanied by the Legal Adviser free of charge. If you are caught, you will be asked before examined Investigator, "if you are in this examination will use your right to be represented by Counsel / Advocate?", Then if the alleged criminal threats over 5 years, you should not hesitate to answer, "yes I need Counsel". So when you say "need Counsel" the investigators should not examine you, before you have a Legal Counsel. You do not hesitate and do not be affected in ways that make the investigator you do not use your right to be defended by Counsel, because later you will definitely lose yourself.

Let you as ordinary people, officials of Parliament, Ministers and even the President even if they conflict with the law require or Panasihat Advocate Law. In addition, the public needs to know, that in a criminal case that diamcam with penalty death penalty, or punishment of 15 years or more, or for those who can not afford the threatened punishment of 5 years or more (see: Article 56 paragraph 1 of the Criminal Code) then there is a reason the investigator or any dereliction of duty in the concerned officials appointed General Counsel for the suspect or defendant. If the investigation authorities concerned does not perform its obligations in appointing Counsel, the dossier (BAP) the suspect becomes invalid, and BAP suspect that the interrogation is null and void.

In this paper in order to know the public, need to be submitted, that if you are arrested, detained or specified as a suspect, then your legal rights are as follows :

1. The right to contact and choose your legal counsel;
2. The right to be evaluated by the investigator after 1x24 hours on hold;
3. The right to be informed clearly in a language understood by you about what is alleged to you and charged at the time of the examination begins;
4. The right to provide information freely to the investigator and the judge at the time the level of investigation and trial;
5. The right to request or submit surety;
6. The right to call or receive your personal physician visits for health reasons;
7. The right to a suspension of detention or custody status changes;
8. The right to send a letter or receive a letter from legal counsel and relatives without being checked by the investigators / prosecutors / judges / officials of a detention;
9. The right to challenge the arrest or detention types to investigators;
10. The right to contact and receive visits clergy;
11. The right to be free from pressures such as: intimidation, intimidated, and physically tortured in order to get your recognition;
12. The right to be informed by the investigator about your right to legal assistance; Etc.

The need for you to have legal representation of Advocate or legal counsel, is so that your legal rights including the rights you do not raped in the judicial process. But very likely you will run into a deadlock in using your right to be defended and accompanied by Counsel, because psychologically you are in the power of the hold. And not all investigators pleased to see the suspect defended and assisted by Advocate or the General Counsel, with all sorts of motivation was. Therefore, in law enforcement reform raged today, we are all in law enforcement must be willing to understand and respect the legal rights, either legal rights of suspects, accused and convicted. So that the rule of law in turn will actually be enforced in this country.