Legal Consultation as an Effort to Prevent the Emergence of Criminal Issues

Legal problems in society remain a challenge that requires comprehensive and sustainable handling. Low legal awareness often triggers conflicts, violations, and disputes that end in litigation. In the criminal justice system, providing legal aid and assistance is part of the principle of modern law enforcement that respects social dynamics and upholds human dignity.

As a state of law, Indonesia recognizes and respects human rights, including the right of every person to obtain legal aid or assistance. In practice, not a few individuals only seek legal assistance after receiving a summons for examination or being named a suspect. However, various criminal issues can be anticipated or their risks minimized if a person understands the legal aspects from the start. Legal consultation is not only for those facing a case but also for anyone who wants to ensure that an action does not lead to legal consequences in the future.

Every action, especially in business activities, employment relationships, or certain transactions, has potential legal consequences. Without adequate understanding, a person may commit acts that potentially violate the law, such as:

• Signing an agreement that contains an unlawful act.
• Using a document that turns out to be inauthentic.
• Conducting a transaction that is later deemed as embezzlement.
• Spreading personal information that may be considered defamation.

With early legal consultation, lawyers can help assess:

• Whether a plan or action has the potential to violate the law.
• The legal provisions or articles relevant to the situation faced.
• The steps that should be avoided to prevent criminal risk.

The Indonesian legal system guarantees equality before the law and the right to obtain assistance at every level of examination. Difficulties in defense often arise because legal assistance is only sought after the situation has become complicated, for example, when evidence is incomplete, statements have been given without assistance, or documents have already been signed.

Assistance from the outset helps a person to:

• Accurately compile evidence and chronologies.
• Determine the legal position, whether as a witness, victim, or a party who is potentially reported.
• Get direction regarding preventive measures such as clarification, notification, or other administrative actions to protect legal interests.

Many people feel it is enough to “just explain what happened” when examined by law enforcement officials, even though every statement can have legal implications. Without adequate understanding of their rights, a person may give information or sign examination documents, including the Official Report of Examination (Berita Acara Pemeriksaan), which could potentially harm them later.

Proper understanding from the start helps a person to:

• Know their legal rights during the examination.
• Understand the limits of what can or cannot be conveyed.
• Ensure that the examination process complies with the provisions of criminal procedural law.

Legal assistance in this context is not intended to obstruct the law enforcement process but to ensure that the process proceeds fairly and balancedly in accordance with applicable legal principles.

Legal consultation is ideally done at an early stage, including when:

• A potential conflict or misunderstanding regarding legal aspects arises.
• Receiving a summons, notification, or somasi (formal warning/demand).
• Involved in a transaction or agreement of significant value.
• About to sign a document that has legal consequences.

The earlier a person understands their legal position, the greater the possibility that the problem can be resolved without escalating to the criminal domain.

Early legal consultation is part of the awareness to act in accordance with applicable legal provisions. The right understanding can prevent small mistakes from developing into more serious issues. When facing a situation with the potential for criminal consequences, a cautious approach and adherence to legal procedures will help maintain one’s legal interests and position proportionally.

Author:

Ni Putu Ayu Mandalay Shasa Alba Chiara, S.H.

Editor:

Anak Agung Made Shintya Dewi

Advisory Board:

I Wayan Sudarsana, S.H.

Anak Agung Alit Juliarta, S.Pd., S.I.Kom., M.Par.

References:

Rahim, A., Ramdhani, A. M., Salam, S. A., Al Rosyid, M. I., Wasikin, & Rizal. (2025).

Efektivitas penyuluhan hukum sebagai upaya preventif terhadap permasalahan hukum di Kantor Hukum Sukanto S.Pd.I., S.H., M.H & Rekan. Jurnal Aplikasi Bisnis dan Bisnis, 6(2).

Putra, D., & Mahfudh, N. F. (2023). Problematika pelaksanaan pemberian bantuan hukum pada

tingkat penyidikan. Verstek, 11(3).

Sijabat, T. S. M., Marpaung, R., & Bago, F. (2023). Bantuan hukum dan perlindungan hak

asasi manusia bagi tersangka. Jurnal Mutiara Hukum, 6(2).

Jyoti KaniaCri, Sugiartha, I. N. G., & Dinar, I. G. A. A. G. P. (2022). Bantuan hukum terhadap

tindak pidana pembunuhan berencana. Jurnal Preferensi Hukum, 3(3).