THE POSITION OF CIVIL SERVANT LECTURERS AS ADVOCATES IN THE PERSPECTIVE OF LAW NUMBER 20 OF 2025 CONCERNING THE CRIMINAL PROCEDURE CODE AND ITS JURIDICAL IMPLICATIONS FOR THE ASSISTANCE OF SUSPECTS AT THE INVESTIGATION STAGE

Abstract

This study aims to analyze the legal position of Civil Servant Lecturers (Civil Servant/PNS) as advocates under Law Number 20 of 2025 concerning the Criminal Procedure Code and to examine the juridical implications of such position for providing legal assistance to suspects during the criminal investigation stage. This research is a normative legal study employing a statutory approach, conceptual approach, and case approach. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively using a descriptive-analytical method. The results indicate that the legal position of Civil Servant Lecturers as advocates has obtained constitutional legitimacy through the Constitutional Court Decision Number 150/PUU-XXII/2024, which provides an exception to the prohibition on civil servants practicing as advocates, particularly for law faculty lecturers in carrying out the Tri Dharma of Higher Education, especially community service through legal aid activities. Furthermore, Law Number 20 of 2025 concerning the Criminal Procedure Code strengthens the recognition of legal services as a form of community service, as reflected in Article 1 paragraph 22. The juridical implication of this recognition is the availability of legal avenues for Civil Servant Lecturers who practice as advocates to provide legal assistance to suspects during criminal investigations, including legal consultation, assistance during interrogations, protection of suspects' rights, and other legal remedies aimed at ensuring the implementation of due process of law and the protection of human rights within the criminal justice system.