Analisis Yuridis Penerapan Prinsip Obstruction Of Justice (Tindakan Menghalang-halangi Proses Hukum) Terhadap Advokat Dalam Pemberian Jasa Hukum Klien Di Indonesia

Firdaus, Firdaus (2021) Analisis Yuridis Penerapan Prinsip Obstruction Of Justice (Tindakan Menghalang-halangi Proses Hukum) Terhadap Advokat Dalam Pemberian Jasa Hukum Klien Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Abstract Advocates are often suspected of violating the law when defending their clients simply because they uphold the advocate's code of ethics, especially when maintaining client secrets. This intersection then becomes a problem. Whereas in the code of ethics, the advocate profession is obliged to hold secrets which are notified by clients in a trustworthy manner and are obliged to maintain and not inform anyone. This intersection then raises a problem related to alleged obstruction of justice (actions to obstruct the legal process). The main problem in this research is that the arrangement of advocating for client legal interests by advocates in providing legal services is associated with Obstruction of Justice and the limitation of the defense of client legal interests by advocates in providing legal services to clients is associated with Obstruction of Justice. This type of research is included in the category using empirical and normative juridical research types. Meanwhile, seen from its nature, this research is to describe a reality in a complete, detailed, and clear manner The arrangement for the defense of client legal interests by advocates in providing legal services is linked to the Obstruction of Justice (actions to obstruct the legal process), are regulated in the Criminal Code, and in special criminal law, which is formulated in Article 21 of Law Number 31 Year 1999 as already amended in Law Number 20 of 2001 concerning Eradication of Corruption Crime, this article has several categories of actions that obstruct the criminal justice process so that the formulation of the article is quite broad. And the limitation of the client's legal interest defense that is carried out by advocates in providing legal services to clients is related to Obstruction of Justice (the act of obstructing the legal process), which does not prohibit clients from providing information about criminal cases that occur, does not hide the existence of clients who are currently in search by investigators, not helping clients enter or leaving Indonesia, arranging testimonies or information to be given by clients so that they are what they saw, heard and experienced, not manipulating information or information about client assets suspected of being the result of corruption, not manipulating accidents and data medical clients, providing legal advice or legal advice in accordance with criminal procedural law. In carrying out the profession of an advocate, it is protected by the right of immunity, however, an advocate who is proven to have obstruction of justice can be held accountable.

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