Once upon a time, someone came to a lawyer mike morse, then with a high emotion told about one of his family members who was detained by the police because he was suspected of committing theft with violence. He asked the lawyer to release the detention because the value of the stolen items was small, and the violence did not result in serious injuries. He stated that he was willing to provide compensation and return the stolen goods.
That person’s assumption certainly can’t be blamed for granted, considering that he sees it from a social perspective that often tolerates small mistakes that occur just because he doesn’t want a prolonged problem. So what should the lawyer do to that person, when he sees that the threat of punishment for the crime of theft with violence is quite heavy?
The main purpose of criminal law is actually to restore balance because of a crime. One of the things that can restore this balance is the existence of peace between the complainant and the reported party, where the role of law enforcement must be able to facilitate disruption or disconnection of relations between individuals in social relations due to criminal acts. In other words, this restorative justice is a manifestation of the true nature of law, namely because of the balance in social relations.
Peace is the highest value in maintaining the balance of society, however, the principle of justice will not be fulfilled when the wrong party is not sanctioned. The role of a prosecutor in formulating criminal charges against criminal acts that have reached peace, as well as the judge’s consideration in deciding cases is very important. In addition, the role of lawyers is to provide education to clients about the consequences of a mistake, clients become the main thing. Because a lawyer is not allowed to promise victory so he looks for all kinds of ways to justify wrong actions. Because what lawyers can do, judges and prosecutors cannot do, that is, deal directly with the parties.
The real enemy of the lawyer is not the judge, the prosecutor, the other party’s lawyer, or even the client’s opponent. The main enemy of the lawyer is the client himself, where the client often has excessive expectations or assumes the lawyer will follow the client’s wishes because he has been paid. Especially when the client insists on finding various means of justification for a client who has been accused of being guilty. The weight of the educational function possessed by a lawyer is how to explain to the client and the client’s family who certainly will not accept one of their family members being detained or dealing with the law.