Analisis Yuridis Eksistensi Hak Imunitas Advokat Pasca Putusan MK Nomor 26/PUU-IX/2013

Las, Purnama Harmonis (2021) Analisis Yuridis Eksistensi Hak Imunitas Advokat Pasca Putusan MK Nomor 26/PUU-IX/2013. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT In carrying out their duties, advocates have immunity rights or often referred to as legal immunity. this is stated in Article 16 of Law Number 18 Year 2003 concerning Advocates. Article 16 of Law Number 18 of 2003 concerning Advocates has been tested in the Constitutional Court and has been decided with Number 26 / PUU-IX / 2013, whose contents expand the immunity rights of Advocates not only in court but also outside the court. Advocates in carrying out their duties need a special power of attorney. The special power of attorney is made and agreed upon with the client. The special power of attorney is also a reference for Advocates in terms of acting in carrying out their duties and jobs. The formulation of the problem in this research is about the regulation of the immunity rights of Advocates after the Constitutional Court Decision Number 26 / PUU-IX / 2013 and can Advocates be held responsible for criminally in carrying out their duties based on a power of attorney. The research method in this scientific paper uses the normative research method. This resolves the problem of how to regulate immunity rights after the Constitutional Court Decision Number 26 / PUU-IX / 2013 and whether advocates can be held accountable for criminally in carrying out their duties in a special power of attorney. Regarding the right of Advocate immunity, it is regulated in Article 16 of Law Number 18 of 2003 concerning Advocates which states "Advocates cannot be prosecuted either civil or criminal in carrying out their professional duties in good faith for the benefit of client defense in court proceedings." However, after the article was examined at the Constitutional Court with case number 26 / PUU-IX / 2013 where in its decision the Constitutional Court granted the petitioners' petition and gave an opinion that the duties of the Advocate profession are not only limited to court proceedings but also outside the court. So that in conclusion, article 16 of Law Number 18 Year 2003 concerning Advocates is added the phrase "out of court." And advocates in carrying out their duties to defend justice and truth from a client need a special power of attorney. The special power of attorney contains what matters the advocate does for the benefit of his client. The contents of the power of attorney must really be implemented by the Advocate with full responsibility. Advocates can be subject to criminal responsibility if carrying out the contents of the special power of attorney outside of their authority. And if the Advocate commits an act that is against the law and undermines the dignity of the Advocate profession as a noble profession that defends justice and truth.

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