Karya Ilmiah
DISERTASI (237) - Hak Imunitas Advokat Dalam Sistem Peradilan Pidana di Indonesia
Dissertation entitled The Right of Advocate Immunity in the Criminal
Justice System in Indonesia. Advocates as one of the law enforcers who function
to find material truth. Advocates are regulated in Law Number 18 Year 2003
concerning Advocates. The Advocate Law regulates the rights of Advocates. The
immunity / immunity of an advocate is extended not only when carrying out his
profession in court hearings, but outside the court, including in resolving disputes
outside the court. The formulation of the problem is the role of the advocate in the
Indonesian criminal justice system and what is the nature of giving immunity
rights to the Advocate.
The research method uses normative juridical legal research methods,
statute approach, and conceptual approach, case approach.
Based on the research, it was found that the Advocate's function in the
Indonesian criminal justice system, that advocates as an element for law
enforcement and to find and find material truth in the judicial process, especially
from the point of view of the legal interests of the assisted clients. Advocates have
the function of assisting clients (witnesses, suspects, defendants and convicts) in
criminal proceedings. The nature of giving immunity or immunity rights that
immunity is immunity in the sense of being immune in lawsuits. Immunity to
advocates which means advocates in providing legal services as a profession is
immune from lawsuits. Advocates in carrying out the profession of providing legal
services, both inside and outside the court, cannot be prosecuted both in civil and
criminal terms in carrying out their professional duties in good faith for the
interests of the Client in court proceedings. The granting of immunity rights to
advocates is essentially only given to lawyers who carry out their profession in the
good faith of the lawyers concerned and these actions are within the scope of their
professional duties. Without good faith, see an advocate not having immunity so
that it is worthy of being processed by law
Keywords: Right of Immunity, Advocate, Criminal Justice System
031070534 | 237 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain