Pretrial Efforts to Realize Legal Provisions that Are Proportional and Do Not Contract the Perspective Pancasila Law

Alifvio Bramandika Karindra


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.


Pretrial; Justice; Pancasila

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Achmad Asfi Burhanudin. 2017. The Existence of Customary Law in the Modern Era. Journal of Islamic Religious Studies 2(4):96-113

Aseukiy, SAG, & Aulia, Y. (2019). Opening Horizons on Access to Justice for Victims of Sexual Crimes in Indonesia: A Paradigmatic Review of Law Enforcement. National Law Magazine, 49(1), 151-179.

Ariyanti, V. (2019). The Concept of Victim Protection in the National Criminal Justice System and the Islamic Criminal Law System. Al-Manahij: Journal of Islamic Legal Studies, 13(1), 33–48

Ariesta Wibisono Anditya. 2018. Examination of the Validity or Not of Pretrial Determination of Suspects in the Pancasila Constellation. Law Journal Volume 34, Number 1

B. Aswandi, And K. Roisah, "The State of Law and Pancasila Democracy in Relation to Human Rights," Journal of Indonesian Legal Development, Vol. 1, No. 1, Pp. 128-145

Citra Ayu Ramadhanti, Uu Idjuddin Solihin. 2012.The crime of theft committed by a 14 year old child in the Islamic context eliminates criminal acts based on Article 69 Paragraph 2 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). Faces of Law Volume 5(2), October 2021, 644-654

Candra Hayatul Iman. 2013.Criminal Law Policy for Child Protection in Reforming the Juvenile Criminal Justice System in Indonesia. Judicial Law Journal 2(3):1-18

Didit Saltriwiguna. (2020). Legal Protection for Debtors Due to Increases in Bank Credit Interest Rates (Review of Consumer Protection Law). Law Treatise, 5(2), 23–45.

Karsa, Topan I. "Development of the Pancasila Democratic Paradigm in Legal Development in Indonesia." Justice, Vol. 17, no. 2, 2019, PP. 130-144.

Jekson Sipayung, Suhaidi Suhaidi, Dedi Harianto, Rizkan Zulyadi. 2019.Analysis of the Pretrial Judge's Decision at the Medan District Court. Master of Law Scientific Journal 1(2):1-18

Heidy Visilia Your Saangga. 2013. The Suspect's Right to Obtain Legal Assistance in the Criminal Case Investigation Process. Lex Crimen Vol. II(2):162-171

Lubis, MR. (2023). Juridical Review of Providing Legal Assistance to Perpetrators of Terrorism Crimes. Metadata Scientific Journal, 5(3), 232-244.

Marcelino H. Gozali, Roy Ronny Lembong, Friend H. Anis, 2021. Providing Legal Assistance for Suspects in the Investigation Process. Lex Crimen X(5):57-67

Putri, KDA, & Arifin, R. (2019). Theoretical Review of Justice and Legal Certainty in Indonesia (The Theoretical Review of Justice and Legal Certainty in Indonesia). Justitia Pulpit, 2(2), 142-158.

Raseukiy, SAG, & Aulia, Y. (2019). Opening Horizons on Access to Justice for Victims of Sexual Crimes in Indonesia: A Paradigmatic Review of Law Enforcement. National Law Magazine, 49(1), 151-179.

Sahat Maruli Tua Situmeang. 2016. Seeking Justice Through Pretrial Legal Efforts in the Perspective of the Pancasila Rule of Law. Institutional Repositories & Scientific Journals

Sunaryo, S. (2017). Juridical Flaws in Non-Executorial Judge's Decisions in Corruption Cases. Judicial Journal, 3(3), 238–300.

Sitorus, Finta R., Et Al. "Violation of Miranda Rule Principles in Indonesian Criminal Procedure Law." Riau University Faculty of Law Student Online Journal, Vol. 3, no. 2, Oct. 2016, pp. 1-15

Tumian Lian Daya Ancient. 2017. Pretrial as a legal remedy for suspects Papua Law Journal Volume 1 Issue 2

Osef Tote Komba, Achmad Salim, Selsus T. Djesse, WLKMRH (11). Study of East Nusa Tenggara Province's Status as an Island Province: Overview From Law Perspective. Borneo Administrator's Journal, 9(2)

Jeroboam. Telly Axis, Rodrigo F. Elias. 2018. Constitutional Review of Article 27 Paragraph (1) of the 1945 Constitution Concerning Equality of Status Before the Law in the Arrest Process for Someone Suspected of Committing a Crime. Lex Administratum, 6(1):46-53


Andi Hamzah, Criminal Procedure Law in Indonesia, (Jakarta: Sinar Graphics, 2012), H. 189

Abdul Ala In Bambang Sutiyoso, Legal Discovery Methods, Cet. 1, (Yogyakarta: Uii Press, 2006), H. 1

Jimmly Asshiddqie, Law Enforcement, (Paper, 2010), P. 3

Mahfud Md, 2003, Democracy and Constitution in Indonesia, Rineka Cipta, Jakarta, Pg. 2.

Sajipto Rahardjo, Law Enforcement; A Sociological Review, Ctk. Second, (Yogyakarta: Genta Publishing, 2009), H. 7

Sunoto, 1987, Getting to Know the Philosophy of Pancasila: An Approach Through Logic, Metaphysics and Ethics, Hanindita Offset, Yogyakarta, Pg. 116-117



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