审前努力实现相称且不违背《潘卡希拉观点法》的法律规定

Alifvio Bramandika Karindra
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引用次数: 0

摘要

审前旨在监督侦查人员或公诉人对嫌疑人采取的强制措施,使这些行为真正按照法律规定执行,真正与法律规定相称,不构成违法行为。本研究的目的是描述审前法律工作,以实现弱势嫌疑人/家庭的正义。根据潘查希拉(Pancasila)法律国家的观点分析审前程序。本研究采用描述性方法,数据来源于期刊、书籍和相关文章。本研究的成果是 2003 年关于律师的第 18 号法律第 22 条第(1)款,其中规定:"律师有义务为无力承担费用的司法求助者提供免费法律援助"。这些规定要求律师为每个人提供平等诉诸司法的机会。这是印尼坚持法律面前人人平等原则的一种体现形式。事实上,印尼的法律国家概念是建立在潘查希拉(Pancasila)意识形态的基础上的,其本质包括承认上帝的法律、自然法和伦理法等原则。潘查希拉国家的要素包括:承认对人权和公民权利的保障;权力分工;政府在履行职责时必须始终以适用的成文法和不成文法为依据;司法机构独立行使其权力。
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Pretrial Efforts to Realize Legal Provisions that Are Proportional and Do Not Contract the Perspective Pancasila Law
Pretrial aims to monitor coercive measures carried out by investigators or public prosecutors against suspects, so that these actions are actually carried out in accordance with the provisions of the law, and are truly proportional to the provisions of the law and do not constitute acts that are contrary to the law. The purpose of this research is to describe pretrial legal efforts to achieve justice for underprivileged suspects/families. To analyze pretrials in accordance with the Pancasila legal state perspective. The method used is descriptive, with data sources obtained from journals, books and related articles. The result of this research is Article 22 paragraph (1) of Law No. 18 of 2003 concerning Advocates which states that "Advocates are obliged to provide free legal assistance to justice seekers who cannot afford it." These rules require a lawyer to provide equal access to justice for everyone. This is a form of embodiment of the principle of equality before the law adhered to by Indonesia. In fact, the concept of a legal state for Indonesia is based on the Pancasila ideology, the substance of which includes, among other things, the principle of recognition of God's law, natural law and ethical law. The elements of the Pancasila state are the recognition of guarantees of human and citizen rights; There is a division of power; in carrying out its duties, the government must always be based on applicable laws, both written and unwritten; There is a judiciary that exercises its power independently.
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