Legality of Using Military Legal Counsel in Defending Military Families Who Are Involved in Criminal Cases in District Court

Abstract

In the Constitution of the Republic of Indonesia, legal protection is regulated in Article 28D paragraph (1) of the 1945 Constitution which stipulates: "Everyone has the right to recognition, guarantees, protection and fair legal certainty as well as equal treatment before the law." This article accommodates to ensure that everyone can be protected from detrimental and discriminatory legal actions so that the spirit of article 28D can be fulfilled. A legal advisor is someone who meets the requirements determined by or based on law to provide legal assistance (article 1 paragraph [13] Law no. 8 of 1981 concerning Criminal Procedure Law, Criminal Code). Nowadays it is generally known that legal advisors more often come from Civilians even though it is known that the military also has legal advisors from the military, so what is the legality of this? Can legal advisors from the military take proceedings in courts other than military courts and can they help people who have problems with the law?. The object of this research is the legality of legal advisors from the military in proceedings in district court. This research is normative legal research, so to obtain research results, the data needed is secondary data. In legal research, secondary data, from the point of view of its binding strength, can be divided into primary legal materials such as binding statutory regulations, secondary legal materials, which provide explanations of primary legal materials, namely by using research results, work from legal circles and so on. as well as tertiary legal materials.