ARCHIVES
VOL. 6, ISSUE 1 (2024)
The existence of advocate immunity rights in the Indonesian judicial system
Authors
Vernandus Hamonangan, Sukamto Satoto, Syamsir
Abstract
This study aims to explore how the regulation
of advocates' immunity rights in law enforcement, understand and critically
analyze the implementation of immunity rights in the implementation of the
advocate profession, and determine the formulation of advocates' immunity
rights in the Indonesian judicial system. Normative juridical with the
conceptual approach, historical approach, and statute approach
are utilized in the present study. The findings show that the right to immunity
of Advocates is crucial in ensuring independence, protection of client privacy,
and justice in the legal system. Regulations on immunity rights are regulated
in Advocate Law No. 18 of 2003, which explains that the Code of Ethics guides
advocates to carry out the Advocate profession. Furthermore, the criminal
justice law regarding criminal procedure regulated by law number 8 of 1981
concerning criminal procedure law in article 85 protects themselves or their
clients from providing detrimental information. However,
independent law enforcement has not yet realized the implementation of immunity
rights in the advocate profession. This is because several challenges and
problems hinder the realization of independent law enforcement. It also has an
impact on the implementation of advocate immunity rights. Meanwhile, the
formulation of advocates' immunity rights in the justice system can be done by re-interpreting
the Advocates Law to be more transparent and more assertive in regulating
advocates' immunity rights, strengthening the Indonesian advocates' code of
ethics with a greater emphasis on advocates' immunity rights, and how to
maintain and exercise these rights properly, establishing effective legal
protection mechanisms for advocates who experience violations of their immunity
rights and strengthening cooperation and coordination between advocates and
other law enforcement agencies, to ensure a respectful understanding of
advocates' immunity rights in the performance of their legal duties. The
findings are expected to provide valuable insights into the existence and role
of advocates' immunity rights in the context of the Indonesian judicial system
and its contribution to a just law enforcement system.
Download
Pages:87-92
How to cite this article:
Vernandus Hamonangan, Sukamto Satoto, Syamsir "The existence of advocate immunity rights in the Indonesian judicial system". International Journal of Law, Policy and Social Review, Vol 6, Issue 1, 2024, Pages 87-92
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.