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Journal : International Journal of Health, Economics, and Social Sciences (IJHESS)

Advocate Immunity Rights in Providing Legal Services to Clients Yohanes Pande; Zakiyatun Nufus; Patawari Patawari; Rica Gusmarani; Muchamad Taufiq
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.5761

Abstract

An advocate is a person whose profession is to provide legal services, both inside and outside the court, who fulfill the requirements under the Advocate law. Advocates are law enforcers, free and independent, guaranteed by laws and regulations." In this way, it has been clearly stated that the position of advocates is equal to that of police, prosecutors and judges as law enforcers. In providing legal aid services to their clients, advocates have the right to immunity and cannot be sued either civilly or criminally, as regulated in Article 16 of Law Number 18 of 2003 concerning Advocates and strengthened by the decision of the Constitutional Court (MK) which states that the right to immunity This applies both inside and outside the court. An advocate's immunity is always limited by good faith, which is defined in the Elucidation to Article 16 of the Advocate Law, namely that what is meant by good faith is carrying out professional duties for the sake of upholding justice based on the law to defend the interests of clients.
Juridical Analysis of the Role of the Prosecutor’s Office in Criminal Law Yohanes Pande; Riadi Asra Rahmad; Yanto Irianto; Rio Akmal Syahban; Sy Muhammad Ridho Rizki Maulufi Alkadrie
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.5827

Abstract

Basically, the Prosecutor's Office is a state law enforcement tool, protector and protector of society, obliged to maintain the rule of law. The Prosecutor's Office thus acts as a law enforcer. The prosecutor's office is the only state institution which is a government apparatus that has the authority to delegate criminal cases, prosecute perpetrators of criminal acts in court and carry out decisions and decisions of criminal judges. This power is a characteristic of the prosecutor's office that differentiates other law enforcement institutions or bodies. In the criminal justice system, there is a prosecution sub-system carried out by the Prosecutor's Office of the Republic of Indonesia. The prosecutor has an important role in the trial and it is the prosecutor who is authorized by law to carry out prosecutions as a public prosecutor who acts on behalf of the State in carrying out his duties and authority. In the realm of criminal law, the prosecutor's office has a very urgent role and also has a role and authority which is confirmed in Article 30C of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia.