| Summary: | Pre-trial is an institution which it aims to supervise horizontally against
the law enforcement action of arbitrary. Pretrial is a positive action of law by
upholding the law of an accused to an action which has a contrary to the law.
Pretrial represents the ideals of positive law by upholding the rights of a suspect
of an action he/she got as opposed to the law. In the Book of the Law of Criminal
Procedure, a pretrial regulated in Article 1 point 10, Article 77 through Article
83. Besides, it regulates the compensation and rehabilitation, namely Article 95
through Article 97 that in this case the rights of the suspect to ask for damages
and cleanup the reputation regarding actions taken arbitrarily by the investigator
or prosecutor to himself about the arrest or detention.
A lawyer has an important role in the pre-trial capacity as legal
representative of the applicant. According to Act No. 18 of 2003 regarding the
Advocate Act state that the advocate as a person who has a profession of giving
legal services, both inside and outside the court which it meets the requirements
under the provisions of this law. Legal services are the services provided by a
lawyer which giving a legal consultation and support/aid, running the power,
being represent, assisting, defending, and performing other legal action for the
interest of the client or legal person, entity, or other institutions that receive the
legal services from the advocate. Advocate is one of the pillars of law
enforcement in Indonesia besides Judges, Prosecutors and Polices. By the
knowledge of a legal advocate is be able to play a role in the law enforcement
process in order to create the law itself which has the purpose of legal certainty,
expediency and justice.
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