Enhancing Legal Certainty: Empowering Indonesian National Police Officers with Comprehensive Legal Aid

DOI

10.2991/978-2-38476-315-3_59How to use a DOI?

Keywords

Indonesian National Police Officer; Legal Aid; Legal Certainty

Abstract

The fundamental basis for justice and equity within a nation is the adherence to the rule of law, as established in Indonesia's 1945 Constitution, which ensures the legal acknowledgment, safeguarding, and equitable treatment of all individuals. An effective law enforcement system, which includes the presumption of innocence and the provision of legal aid, is crucial for safeguarding fundamental rights. However, there are concerns about Indonesian National Police Officers (POLRI) taking on the role of legal consultants, which might potentially contradict established legal norms and undermine the integrity and impartiality of the court system. The simultaneous role of police personnel as both enforcers of the law and legal counselors gives rise to possible conflicts of interest and legal ambiguities. This study employs normative juridical research methods, which involve analyzing original sources such as laws and regulations, as well as secondary sources like scholarly publications and legal texts. The findings reveal a contradiction between the clause that permits police officers to serve as legal advisors and Law Number 18 of 2003 about advocates, as well as PERKAPOLRI Number 2 of 2017 regulating legal assistance procedures. This discrepancy can lead to the overlapping of functions, which can have an impact on the impartiality of the legal system. In order to ensure legal certainty, police officers who serve as legal advisors must scrupulously abide by the regulations governing the practice of law, thereby avoiding any conflicts of interest and guaranteeing the fairness of judicial proceedings. Ensuring consistent adherence to the rule of law necessitates the harmonization of regulations that govern the responsibilities of police officers and advocates. It is essential to resolve the contradictory requirements in Law Number 18 of 2003 and PERKAPOLRI Number 2 of 2017 in order to prevent legal uncertainties and protect the integrity of the justice system.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Perwira Putra Bangsawan
AU  - Hartiwiningsih Hartiwiningsih
AU  - Bambang Santoso
PY  - 2024
DA  - 2024/12/24
TI  - Enhancing Legal Certainty: Empowering Indonesian National Police Officers with Comprehensive Legal Aid
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 435
EP  - 441
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_59
DO  - 10.2991/978-2-38476-315-3_59
ID  - Bangsawan2024
ER  -