LEGAL PROTECTION OF WITNESS ACCOMPANYING BY ADVOCATES AT THE INVESTIGATION STAGE

Abstract

This research aims to describe and analyze problems regarding legal protection for advocates in accompanying witnesses at the investigation stage; The position of an advocate in accompanying witnesses at the investigation stage. The research conducted by the researcher was qualitative research with a normative juridical approach. The research specifications that researchers use are analytical descriptive. The type and source of data in this research is secondary data using primary legal materials, in the form of: Criminal Procedure Code, Law Number 8 of 2003 concerning Advocates, PerKap 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in Implementation Duties of the National Police of the Republic of Indonesia. Secondary legal materials include books, online journals and articles. As well as tertiary legal materials in the form of a Big Indonesian Dictionary and a Law Dictionary to support primary legal materials. The data collection method used is library research. The data analysis method in this research uses qualitative analysis techniques. Based on the research that has been carried out, it can be concluded that: 1). There are no regulations in the Criminal Procedure Code that regulate clearly and in detail the assistance of witnesses by advocates at the investigation stage. Becoming a witness is the obligation of all citizens as regulated in the law, but not all citizens understand the law. 2). The position of an advocate in accompanying witnesses at the investigation stage is that legal assistance by an advocate is intended to avoid the investigator's non-neutrality and avoid threats and intimidation that may be carried out by the investigator. Advocates provide legal assistance to assist witnesses, limited to the fact that advocates can only see and must not influence witnesses in providing information and uphold the integrity and code of ethics of advocates as part of law enforcement.