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DYNAMICS OF ADVOCATES' IMMUNITY RIGHTS IN PROVIDING LEGAL AID IN THE INDONESIAN STATE SYSTEM Kahar Kahar; Retno Wulan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3521

Abstract

In the era of globalization and rapid legal development, the role of lawyers in the Indonesian justice system and the administration of justice becomes increasingly crucial. However, their immunity rights often become the subject of debate within dynamics that affect the legal process. The research aims to examine the dynamics of the relationship between lawyers' immunity rights and moral obligations in the context of providing legal assistance in Indonesia and to evaluate the impact of violations of lawyers' immunity rights on the quality of legal assistance services and public trust in the legal profession in Indonesia. This research will employ a normative legal method with a focus on analyzing legal texts governing lawyers' immunity rights within the Indonesian constitutional framework. Research materials will include legal documents such as laws and regulations, with data analysis techniques involving a deep understanding of the content of legal texts. The research findings indicate that in the practice of law in Indonesia, the relationship between lawyers' immunity rights and moral obligations is highly significant. Lawyers have immunity rights that protect them in providing legal advice without external pressure, but they also have a moral obligation to uphold honesty, integrity, and client confidentiality. The influence of the legal and social environment can also affect how lawyers fulfill their moral obligations. Violations of lawyers' immunity rights in Indonesia have serious implications for the quality of legal assistance provided by lawyers and also damage public trust in the profession. Therefore, it is important for the government, professional organizations, and society to work together to ensure the protection of lawyers' immunity rights so that lawyers can carry out their duties with integrity and high trust, and the public can have faith in a fair and effective legal system. Research recommendations include efforts to enhance lawyers' understanding of the relationship between immunity rights and moral obligations, educating the public about the role of lawyers, and enforcing the law rigorously against violations of lawyers' immunity rights.
RATIO DECIDENDI HAKIM TERHADAP TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK : Studi Kasus Putusan Nomor 7/Pid.Sus-Anak/2022/PN Mjn Retno Wulan; Asrullah; Muh. Alif Ahsyar
Jurnal Hukum Unsulbar Vol. 8 No. 1 (2025): Jurnal Hukum Unsulbar
Publisher : Program Studi Hukum Universitas Sulawesi Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31605/j-law.v8i1.5225

Abstract

This study aims to find out how the judge's ratio decidendi to the crime of sexual intercourse committed by the child case study decision number 7/pid.sus-anak/2022/pn mjn, using an empirical normative research method with prescriptive analysis techniques. The results of the study show that the judge's ratio decidendi only focuses on the actions of the child whom he interprets to meet the persuasive element as the public prosecutor's subsidiary indictment without carefully considering the causal elements, the series of facts of events that should be able to benefit/mitigate the punishment of the child, and does not consider the principle of ultimum remedium at allas stated in Article 2 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which in essence must be considered by a panel of judges. Keywords: Intercourse, Ratio Decidendi, Principle of Ultimum Remedium