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

Abstract

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.