Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)
Previously, the Hukumindo.com platform has discussed the subject of "How To Married Indonesian Women Legally?", and on this valuable occasion will be discussed about First Legal Aid When a Foreigners Arrested By The Police.
When you are abroad, you will be faced with very different conditions from when you are in your own country. Different factors such as language, geographical conditions, food, culture and even laws are some of the factors that you have to deal with. If the day is not on your side, then one of them can put you at a disadvantage. Good luck is keeping you away.
We will take one factor that is different in each country, namely the law. The laws that apply in each country are basically different. In a certain country, certain goods are prohibited, while in other countries are legal. For example, regarding marijuana/Cannabis. Cannabis in certain countries such as the Netherlands, Canada, Colombia, Uruguay and Ecuador is not illegal. Meanwhile, in countries such as Indonesia, Malaysia, Russia and China, marijuana is illegal. Marijuana is still classified as a dangerous drug.
Therefore, understanding the laws of the country where you are located is very important. When you violate the legal order in the country where you are located, as a consequence you will have to deal with law enforcement officials, especially the police institution. There are many other legal rules that you must obey when you are abroad, no different when you are in Indonesia. You must comply with applicable laws even if you do not know them. This is where it is important that you read this article to the end. In the event that you are out of luck, you still have valuable legal information to guide you through.
First Legal Aid When a Foreigners Arrested By The Police
The criminal justice process in Indonesia is actually a long and complicated one. At least for common people. In general criminal offenses, this starts from the investigation process at the Police institution to the final process at the Correctional institution. However, when you violate it, then like the law in general, you also have the right to defend yourself and get assistance from a lawyer. No different with Indonesia.
Law Number: 8 of 1981 concerning Criminal Procedure Code, In particular, Article 54 stipulates that: "For the sake of defense, a suspect or defendant is entitled to legal assistance from one or more legal advisers during the time and at every level of examination, according to the procedure specified in this law". This article stipulates that you have the right to obtain a defense and appoint your legal counsel to do so, even more than one lawyer.
In addition, Article 55 of the same law stipulates that: "To obtain legal counsel as referred to in Article 54, the suspect or defendant has the right to choose his own legal advisor". This article provides that you have the right to appoint your own legal advisor.
Still according to the Law Number: 8 of 1981 concerning Criminal Procedure Code, In particular, Article 57 paragraph (1) stipulates that: "A suspect or defendant who is subject to detention has the right to contact his legal adviser in accordance with the provisions of this law". Here it is regulated that you have the right to access legal counsel by contacting him/her. Contact your legal advisor as first aid when arrested by the Indonesia state Police.
Use Your Rights
Law Number: 8 of 1981 concerning Criminal Procedure Code has strictly regulated the rights of a person when detained in criminal proceedings in Indonesia. For example is set in Article 54, Article 55, and Article 57 paragraph (1) as above. This means, law enforcement in Indonesia is to guarantee protection for anyone who is detained while undergoing a criminal process.
By using your right to defend yourself in front of the law, you have participated in upholding the law with dignity and respect for human rights. If you have difficulty dealing with Police institution in Indonesia, contact us, feel free in 24 hours, we will be glad to help you.
*) For further information please contact:
Mahmud Kusuma Advocate
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta,
Jakarta - Indonesia.
1. "5 Negara yang Melegalkan Penggunaan Ganja bagi Warganya", www.kompas.com., Sekar Langit Nariswari, diakses pada tanggal 5 Oktober 2021, https://lifestyle.kompas.com/read/2021/04/21/151122920/5-negara-yang-melegalkan-penggunaan-ganja-bagi-warganya?page=all.
2. Law Number: 8 of 1981 concerning Criminal Procedure Code.