Understanding the Duties and Powers of Lawyers According to the Law

Illustration (Pixabay/@advogadoaguilar)

YOGYAKARTA - The duties and authority of advocates are an important part of the Indonesian legal enforcement system. Advocates play a role as a companion and defender of the rights of the community in facing legal problems, both inside and outside the court.

The existence of an advocate helps ensure that everyone gets justice before the law. In practice, however, there are still many people who do not understand clearly what an advocate is and what his role is. Therefore, the following will discuss what an advocate is as well as his duties and powers.

What is an Advocate?

An advocate is someone who has the professional qualifications to provide legal services, in the form of assistance, consultation, and representation in the judicial process. This provision is emphasized in Law Number 18 of 2003 concerning Advocates.

Article 1 paragraph 1 of the Law on Lawyers explains that every person who is engaged in providing legal services, both inside and outside the court, is referred to as a lawyer. The scope of work of a lawyer covers the whole of Indonesia without any specific area restrictions.

To become an advocate, a person must meet certain requirements as stipulated in Article 3 paragraph 1 of the Advocate Law. The requirements include the following:

The requirements include Indonesian citizens, graduates of legal education, following the Special Education for the Profession of Advocates (PKPA), passing the advocate exam, internship, having a Certificate of Registration of Advocates (STRA), joining an advocate organization, being ethical, and never being sentenced to a heavy threat.

The Difference Between Advocates and Lawyers

Before the enactment of the Advocates Law, there was a difference between advocates and practicing lawyers. Advocates are known as parties who have a legal license throughout Indonesia. Meanwhile, practicing lawyers can only practice according to their practice license area.

Lawyers who want to practice outside their license area must request special permission from the local court. This certainly limits the scope of lawyers in providing legal services. This difference is quite significant before the unification of terms in the law.

However, after the Advocate Law, the term practicing lawyer is no longer used. Article 32 of the Advocate Law states that advocates, legal advisors, practicing lawyers, and legal consultants who have been appointed previously are declared as advocates.

Duties and Powers of Advocates

The task of an advocate is an obligation that must be carried out in carrying out his profession. Meanwhile, the authority of an advocate is the power granted by law to carry out this task. Both are clearly regulated in various laws and regulations.

Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP):

It has the duty to provide legal assistance to suspects or defendants during the time and at the level of the examination (article 54). If the defendant or suspect does not have his own legal advisor and is charged with a criminal offense punishable by death or a threat of imprisonment of fifteen years or more, the relevant officials at all levels of examination in the judicial process must indicate a legal advisor (article 56 paragraph 1).

Law Number 18 of 2003 concerning Advocates:

Providing legal services (article 1 paragraph 2). Providing free legal assistance to those seeking justice who are unable to (article 22 paragraph 1). Keeping confidential various things known or obtained from his client due to the existence of a professional relationship (article 19 paragraph 1).

Law Number 48 of 2009 concerning the Judiciary: Providing legal assistance to those who seek justice who are unable (Article 56 paragraph 1).

Law Number 16 of 2011 concerning Legal Assistance: Providing legal consultation, legal counseling, and other activities related to legal assistance (Article 9 letter c and d).

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