Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Penelitian Medan Agama
Daud Badar Isroil
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The Position and Legal Protection of Advocates in Carrying Out Professional Duties at the Investigation Level Muhammad Fithrah Fanani; Heni Ibtiani; Daud Badar Isroil; Musleh Harry
Jurnal Penelitian Medan Agama Vol 17, No 1 (2026): JANUARY-JUNE
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/jpma.v17i1.29940

Abstract

Advocates hold a strategic position in the criminal justice system as law enforcers who function to maintain a balance between state authority and the protection of suspects' rights, particularly during the investigation stage. This study aims to analyze the position of advocates and the effectiveness of their legal protection in investigative practice. This study uses normative legal methods with a statutory and conceptual approach. The results of the study indicate that normatively advocates have received guaranteed legal protection through the right to immunity and confidentiality of advocate-client relationships as regulated in the Advocates Law and Constitutional Court Decision Number 26/PUU-XI/2013. However, in its implementation, this protection has not been effective due to unclear boundaries of good faith, the dominance of investigators' authority, and a legal culture that has not placed advocates as equal partners in the criminal justice system. This study concludes that the gap between norms and practices has resulted in a weakening of the advocate's function in ensuring due process of law, equality before the law, and access to justice. Therefore, it is necessary to strengthen the consistency of law enforcement and reconstruct the understanding of law enforcement officials regarding the position of advocates in the criminal justice system.
Co-Authors Heni Ibtiani Muhammad Fithrah Fanani Musleh Harry