legal advocate

CHAPTER I
INTRODUCTION

A. Background
Multidimensional crisis experienced by this nation is a result of the legal chaos that occurred in
Indonesia protracted. And law enforcement agencies should be the cornerstone of upholding the
law in fact is often a source of legal chaos that occurred. The form is mob justice which,
according to Daniel S. Lev is:
"After all a working system, That benefits all its participants. In Some Ways, in fact, for
advocates, WHO Otherwise are excluded from the collegial releationships of Judges and
prosecutors, it works rather better and more efficiently Than the formal system. "

It is inevitable that the lawyers were directly or indirectly participate in creating the judiciary and
judicial corruption mafia. Though it can be ascertained that the position of lawyers in our legal
system has a vital and crucial role because only advokatlah who have access to justice and
liaison between the community and state through its legal institutions. But what happens is that
the profession advocates now better known as "broker" of cases that stand right in between his
clients and law enforcement officials (judges, prosecutors and police) as buyers and sellers of
justice. The role of lawyers should provide legal services and represents clients slowly replaced
with the role of "closer" for law enforcement officers who handled the case can be won in any
way. Advocates who should act consistently to bridge the interests of society in the justice
system, it was involved and become part of the judiciary and judicial corruption mafia.
What about the role of an advocate? What should the role played by lawyers in the law
enforcement process, given the advocate directly or indirectly involved in the mob justice. So the
lawyers have a moral obligation to help ensure that the principles of justice that both are met
within the existing legal system. To ensure that the role is carried out properly by the lawyers
needed supervision. This supervisory task is the responsibility of the organization advocates for
the existence of an advocate organization closely associated with the extent to which the
functions of an advocate can be run by the profession.

B. Problem Formulation
The formulation of the problem in this paper is as follows:
1. What is the legal definition advocate?
2. What is the legal position of an advocate?
3. What are the duties and functions of an advocate?
4. How is the organization's development advocates in Indonesia?
5. What is legal aid?
 CHAPTER II
DISCUSSION

A. Definition
Advocate as the official name of the profession within the justice system in Indonesia is first
found in the prevailing composition of Justice and Wisdom Judging. Advocate is an equivalent
word from Dutch Advocaat ie someone who has been officially appointed to run the profession
after obtaining a degree meester in de rechten (Mr).
Furthermore, advocates said etymologically derived from the Latin advocare, which means "to
defend, to call-to-one, said to vouch or warrant. Meanwhile, advocates in English means: to
speak in favour or depend by arguments, to support, indicate, or publicly recommanded. While in
the Big Indonesian Dictionary advocates equated with a meaningful defense attorney case, co-
defendant (the defendant).
In terminology, there are some who advocate the sense defined by legal experts, organizations,
regulations and legislation that had existed since the colonial period to the present, as shown
below.
1. Black's Law Dictionary, Fifth Edition: "To speak in favor of or defend by argument; one
WHO assists, defends, or pleads for another; one WHO renders legal advice and aid and pleads
the cause of another before a court or a tribunal, a counselor. "
2. In article 1 of clause 13 of Law No. 8 of 1981 on Criminal Proceedings Act, states that: "A
legal adviser is a person who meets the conditions determined by or under the legislation to
provide legal assistance."
3. The Advocates Act No. 18 of 2003 in chapter 1 chapter 1 verse 1 stated, that: "Advocate is a
person to provide legal profession, both inside and outside the court who qualify under the
provisions of this law."

B. Legal Advocate Position

Provision of legal services performed by an advocate to the public or clients, in fact have a
strong legal basis, whether sourced from the law of the colonial era and after independence.
According to Frans Hendra Winarta, concerning legal assistance including in it the principle of
equality before the law and acces to legal councel, the positive law of Indonesia has stipulated
clearly and forcefully through the various regulations and legislation.
In connection with the provision of legal aid is provided in the constitution of 1945, for example:
1. Article 27 paragraph 1, states that: "Every citizen an equal position before the law and
government and must uphold the law and government, without exception."
2. Article 34, states that: "The reality is poor and neglected children is the responsibility of the
state."
Until 2003 the law in Indonesia, which regulates lawyers in isolation and complete have not been
made in Indonesia. Regulation and legislation relating to lawyers until 2003 regulated separately
in various regulations, as follows:
1. Rechtelijke Organisatie / RO Staatsblad 1848 No. 57 set up on the basics, composition, and
judicial powers. Hoofdstuk VI 185-192 article entitled Van Advocaten en Procureus regulating
the appointment and dismissal of an advocate by the Minister of Justice.
2. Regeling Van Den Bijstand en Van De Vertegen Woordiging Partijen In Burgelijke Zaken
Voor De Landraden, Staatsblad 1927 No. 496 concerning the application of specific provisions
concerning the rules governing lawyers represent clients regarding authority. Also on tariff
setting.
In addition to the rules and regulations above are also provided for in the laws on lawyers, as
follows:
1. Act No. 14 of 1970 concerning the provisions of the principal power of the judiciary-chapter
VII of the Legal Aid; as follows.
Article 35: "Every person who lodged the case entitled to legal assistance"
Article 36: "In criminal cases a defendant, especially since the time of the arrest and / or
detention has the right contact and request assistance Counsel."
Article 37: "In giving legal assistance in article 36 above, the legal advisers help to expedite the
settlement of the case by upholding Pancasila, law and justice."
2. Law No. 8 of 1981 on criminal procedural law, Chapter I and Chapter VII of the Legal Aid; as
follows.
Article 1: "Counsel is a law that meets the requirements prescribed by or under the law to
provide legal assistance"
Article 69: "defense counsel entitled to contact the suspect has since been arrested or detained at
all levels of inspection according to procedures specified in this law."
Later chapters 70, 72, and 73 which regulate the legal advisor relationships with clients. Article
71 which regulates the supervision of legal counsel and client relationships.
In 2003 was born the law on advocates, namely the law number 18 year 2003. When this law
passed, the advocates, legal advisers, lawyers practice, and legal consultants who have been
appointed as an advocate declared.
While the advocate profession under section 1 of Act no 18 of 2003 is to provide legal services
both inside and outside court is to give legal advice, legal assistance, exercise authority, to
accompany, defend, and perform other legal acts for the benefit of clients.
Now after waiting more than two decades have lawyers handle the legal basis to have the same
position as law enforcement with the police, prosecutors, and judges or better known as the chess
dynasty. Article 5 of the law advocates (no. 18 in 2003) states that advocate the status of law
enforcement, free and independent.

C. Duty And Function Advocate

Understanding advocate pursuant to Article 1 paragraph (1) of the Advocate is a person whose
profession gives legal services, both inside and outside the court that meets the requirements
under this law. Furthermore, in the Advocate Law states that lawyers are law enforcement
officers who have equal status with other law enforcement officers (judges, prosecutors, and
police). However, although equally as law enforcement, the role and functions of law
enforcement officers are different from each other.
1. Advocate Duties
Advocate as a law enforcement role and function independently to represent the interests of the
community (clients) and not affected power of the state (judicial and executive).
Public perception of lawyers the task is still much misunderstanding. They assume that the task
of lawyers to defend cases in court only in a civil case, criminal, and state administration in the
presence of police, prosecution, and in court. Surely the job is not only a defense lawyer but
includes other duties outside the court are non-litigation.
Duty lawyers are not the jobs, but more of a profession. Because lawyers are not just a
profession is economical to make a living, but have a higher social value in society.
Duty lawyers are defending the interests of society (public defender) and his client. Duty lawyers
in providing legal counsel to the community is not detailed in job descriptions, because he is not
a country as law enforcement officials such as police, prosecutors, and judges.
2. Function Advocate
Duties and functions in any profession can not be separated from one another. Since they are all
working system of mutual support. In performing its duties, an advocate must be functioning:
1. As guardian of the constitution and human rights;
2. Human rights;
3. Implement Code of Ethics Advocate;
4. Uphold the oath of attorney in order to enforce the law, justice and truth;
5. Uphold and prioritizes idealism (values of justice, truth and morality);
6. Protect and maintain the independence, freedom, and dignity degrees advocate;
7. Maintain and improve the quality of service to the community advocates by learning
continuously (continuous legal education) to broaden your horizons and knowledge of law;
8. Handle the case-case according to the code of ethics advocate, both nationally, namely the
Code of Ethics of Indonesian Advocates, as well as internationally, which refers to the IBA
Standards for the Independence of the Legal Profession, the Declaration of the World
Conference on the Independence of Justice, IBA General Principles of Ethics for Lawyers, the
Basic Principles on the Role of Lawyers;
9. Preventing abuse of expertise and knowledge that harm to the community by way of
supervising the implementation of professional ethics advocate through the Association's
Honorary Board of Advocates;
10. Maintaining the personality of lawyers because the lawyers profession is an honorable
profession (officium nobile, or main). Every lawyer should always maintain and uphold the
image of the profession so as not to harm the freedom, independence and dignity of the degree of
an advocate;
11. Maintaining good relations with clients and with colleagues;
12. Maintaining the unity and integrity of lawyers to conform with the intent and purpose of the
organization advocates;
13. Providing legal services (legal services), legal advice (legal advice), legal advice (legal
consultation), the legal opinion (legal opinion), legal information (legal information) and arrange
contracts (legal drafting);
14. Defend the interests of clients (litigation) and representing clients before the courts (legal
representation);
15. Provides legal assistance free of charge to people who are weak and not able to (carry out pro
bono Publico). The defense for people not able to, both inside and outside the courts is part of the
function and role of an advocate in the fight for human rights.
D. Advocate Organization Development in Indonesia
The embryo of a national advocate organization stems from the establishment of the Union
Advocate Indonesi (PAI), on March 14, 1963. PAI is then held a national congress which gave
birth to PERADIN. In its development, PERADIN is not independent of government
intervention since the struggle at that time considered to be harmful to the interests of the regime
was in power so munculah advocate organization called Ikadin. Ikadin was then broken and
advocates were disappointed to establish a succession management Ikadin Indonesian Advocates
Association (AAI).
Since the enactment of Law Advocate on April 5, 2003, the eight organizations advocate the
Indonesian Advocates Association (IKADIN), Indonesian Legal Consultants Association (IPHI),
Advocates and Lawyers Association of Indonesia (HAPI), Indonesian Legal Consultants
Association (AKHI), Association of Indonesian Advocates (AAI), States Attorneys Indonesia
(SPI), Capital Market Legal Consultants Association (HKHPM), and Syariah Lawyers
Association of Indonesia (APSI), mandated by the legislature to form an organization of lawyers
in the period of 2 years. To that end, the Working Committee of Indonesian Advocates was
formed, which then is to formulate the Code of Ethics KKAI Advocate Indonesia on May 23,
2002 and declaring an advocate organization as an umbrella organization called the lawyers in
Peradi Indonesia (Indonesian Advocates Association / Indonesian Advocates Association) on
December 21, 2004 the deed of establishment approved 8 September 2005.
Peradi tersebutlah today held a Special Education Advocate Education (PKPA), Trial Lawyer
Profession (UPA), and Apprentice to a higher education set in the legal profession who intend to
run an advocate in Indonesia.
1. Understanding Organizations Advocate
Advocates Act does not specify what is meant organization, but stipulates that "Organizations
Advocate is the only profession container Advocates a free and independent established in
accordance with the provisions of this Act with the intent and purpose to improve the quality of
Advocates' profession, where as the Organization Advocates are determined by the Advocate in
the Articles of Association and Bylaws. "
The organization advocates that meant by the Advocates Act must meet the following criteria:
(1) must be one single container means a container, (2) must have the organizational structure
(structure organsisasi) clear, (3) must have the Statutes and Bylaws , (4) shall be subject and
established according to Law Advocates, ie between April 5, 2003 s / d 5 April 2005, (5) must be
established by the Indonesian Advocates.
The purpose of the organization advocates the outline as set forth in the IBA Standards for the
Independence of the Legal Profession is to ensure the independence advocates in his position as
the legal profession from all kinds of legal interventions.
2. Organizational Structure
The three basic elements that exist in each structure advocacy organizations on average consist
of:
a. Governing Council;
b. Honorary Board;
c. Board of Advisors.
The highest authority in the hands of the National Congress (General Assembly) held
periodically, depending on each organization's policy advocates.
Board advocate organization usually consists of the Chairman (and vice-chairman), secretary-
general and treasurer. The Board is responsible for the implementation and running of the
organization as mandated in the Articles of Association (AD) and association (ART). Board of
honor is the organ that has the authority to carry out the enforcement of codes of professional
conduct. In performing its duties, the board of honor are passive, meaning it runs the code of
ethics enforcement function with only waits for a complaint. Advisory board serves to provide
advice and counsel to the DPP or DPC, whether requested or not.
Under the bylaws, the organization advocates funding generally comes from several sources,
namely: membership fees, third party contributions, and other legitimate businesses.
Generally there are three kinds of membership for the organization advocates, namely: ordinary
members, extraordinary members and honorary members.
E. Legal Aid
Legal aid is to provide legal aid services by acting both as a defender of someone who is
involved in criminal cases as well as power in the civil case or the state administration before the
courts and / or giving legal advice outside the court.
Legal assistance activities actually started centuries ago. Since the French Revolution and the
American place, the concept of legal aid increasingly expanded and strengthened. Providing
legal aid is not solely based on charity (charity) to the community who can not afford but is often
linked to political rights. In its development until now, the concept of legal aid is always
associated with the ideals of the welfare state (welfare state), where the government has an
obligation to provide welfare to its people.
Cappelletti and Gordley in the article "Legal Aid Modern Themes and Variations", as quoted
Soerjono Soekamto law divides into two models, namely the juridical-legal help individual
model is a right granted to citizens to protect their individual interests. And legal assistance
welfare model is interpreted as a right to welfare that are part of the framework of social
protection provided by a welfare state.
Another case with Schuyt, Groenendijk, and they differentiate Sloot legal assistance into five
types, namely:
1. Preventive legal aid: legal aid dilaksanankan in the form of information and legal counseling
to the community.
2. Diagnostic legal aid: legal aid implemented by way of giving legal advice or commonly
known as legal advice.
3. Legal aid is aimed at overcoming the conflict control actively concrete legal problems that
occur in society by providing legal assistance to members of the public who are unable to use the
services of an advocate.
4. Rock formation law legal jurisprudence meant to provoke a more strict, precise, clear and true.
5. Legal aid reform law is a legal aid efforts more legal reforms aimed entered either through the
judge or by the legislators.
While in Indonesia, experts and legal practitioners share legal assistance into two kinds, namely,
individual legal assistance is to provide legal aid to people who can not afford in the form of
assistance by a lawyer in dispute resolution processes encountered in order to ensure equitable
distribution of legal services to community. Structural and legal assistance which aims to raise
awareness and understanding of the importance of the law.

CLOSING

Conclusion
Advocates are people who represent his client to take legal action under powers of attorney given
to the defense or prosecution at the trial in court or in court proceedings.
Law number 18 year 2003 regarding law enforcement that includes lawyers, judges, prosecutors,
and police has established the basic legitimacy of the lawyer in Indonesia.
Duty lawyers are defending the interests of society (public defender) and his client. Advocates
are needed when a person or more members of the community faced a problem in the legal field.
But in fact, advocates are often involved in the mob justice is the culprit of judicial corruption.
This is the task of an advocate organization to oversee the independence of lawyers in the legal
system. Because after all lawyers have a vital role in law enforcement.
Since the enactment of Law Advocate on April 5, 2003, the eight organizations that advocate
mandated by the legislature to create an organization advocate. On May 23, 2002 declared an
advocate organization as an umbrella organization called the lawyers in Peradi Indonesia
(Indonesian Advocates Association / Indonesian Advocates Association).
Legal aid is to provide legal aid services by acting both as a defender of someone who is
involved in criminal cases as well as power in the civil case or the state administration before the
courts and / or giving legal advice outside the court.