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Utama Ms, Robby Yunianto
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Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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HAK IMUNITAS ADVOKAT BERDASARKAN UNDANG-UNDANG 18 TAHUN 2003 TENTANG ADVOKAT Utama Ms, Robby Yunianto
Ensiklopedia of Journal Vol 6, No 3 (2024): Vol. 6 No. 3 Edisi 3 April 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i3.2455

Abstract

The right to immunity or legal immunity is not only regulated in Article 16 of the Advocates Law concerning the immunity rights of an advocate but also in Article 50 of the Indonesian Criminal Code (KUHP). Additionally, the limitations on the right to immunity or legal immunity are outlined in Article 74 of the Criminal Procedure Code (KUHAP). In the handling of cases, the immunity rights of advocates apply both inside and outside the courtroom. The immunity is stipulated in Article 16 of the Advocates Law and reinforced by the Constitutional Court (MK) ruling. In this context, the immunity of advocates is always constrained by good faith, as defined in the Elucidation of Article 16 of the Advocates Law. Normatively, advocates have immunity that protects them from both civil and criminal liability when performing their professional duties for the defense of their clients, whether inside or outside the courtroom. However, this immunity is not absolute. The right to immunity or legal immunity also depends on the good faith of the advocate and is further regulated in Article 50 of the Criminal Code, which states, "Anyone who performs an act to implement the provisions of the law shall not be punished." However, this article includes legal exceptions.  Keywords: Rights, Immunity, Advocate.
PERLINDUNGAN HUKUM ATAS PEMBERHENTIAN PEGAWAI NON ASN PADA PERGURUAN TINGGI NEGERI SEBELUM MENGIKUTI SELEKSI PPPK Utama MS, Robby Yunianto
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 3 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3376

Abstract

Abstract: The unilateral dismissal of permanent non-civil servant employees (non-ASN) working under Public Service Agencies (BLU) constitutes an act that should be declared legally invalid. Such action contradicts the principles of justice, legal certainty, protection of employees’ rights, and the principles of good governance. This dismissal not only violates the normative rights of employees as regulated in the Manpower Law and the State Civil Apparatus Law but also infringes upon the constitutional right to decent work as guaranteed under Article 27 paragraph (2) of the 1945 Constitution. Moreover, the dismissal process carried out without verification, dialogue, validation, or the provision of transitional arrangements represents a neglect of the institution’s legal responsibilities, potentially leading to injustice and both material and immaterial losses for employees. Therefore, the dismissal decision should be annulled or reviewed, and Higher Education Institutions are obliged to provide a fair transition opportunity for non-ASN employees, including the right to participate in the PPPK recruitment process, in accordance with the prevailing laws and regulations.Keywords: Legal Protection, Non-ASN Employees, PPPK.
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