The Implementation of the Suspect’s Right to be Assisted by Legal Counsel

Abstract

The objectives of this study are: to find out and analyze the application of the suspect's right to be accompanied by legal counsel. To find out and analyze the sanctions or legal consequences if the suspect is not accompanied by legal counsel at the time of examination, especially at the investigation level. To find out and analyze the factors that hinder the implementation of the suspect's right to be accompanied by legal counsel. The method used by the researcher is empirical juridical approach and the specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Based on the results of the study that the application of the suspect's right to be accompanied by legal counsel ishas not gone well, there are still cases of suspects who are not accompanied by legal advisors and their rights as suspects are neglected. Because the coordination between investigators and legal advisors is not good, this can be seen from the examination of the suspect before being attended by the suspect's legal advisor. Sanctions or legal consequences if the suspect is not accompanied by legal counsel at the time of examination, especially at the level of investigation. As a result, the demands of the Public Prosecutor cannot be accepted. In this case, the decision states that if the conditions of the request are not fulfilled, such as the investigator does not appoint legal counsel for the suspect from the beginning of the investigation, the demands of the Public Prosecutor are declared unacceptable. Factors that hinder the application of the suspect's right to be accompanied by legal counsel are as follows: There is still a lack of understanding from law enforcement officials regarding the protection of human rights for suspects, many elements of violence are found in the preparation of the Official Report of Examination (BAP). Lack of coordination and support from law enforcement officers such as police, prosecutors, judges in informing the rights of suspects, one of which is the right to obtain legal assistance. There are no sanctions for police officials, especially investigators when they neglect or do not carry out their obligations as regulated in Article 56 of the Criminal Procedure Code.