Sabila, Siti (2025) Analisis Wanprestasi Terhadap Perjanjian Pemberian Honorarium Jasa Advokasi Antara Advokat “bambang Keristian” Dengan Klien “muhammad Tuah” Berdasarkan Uu No. 18 Tahun 2003 Tentang Advokat Di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The legal relationship between advocates and clients in providing legal services is regulated in Law Number 18 of 2003 concerning Advocates and is realized in the provision of legal services. Advocates' obligations in providing legal services are in the form of carrying out power of attorney, legal consultations and accompanying clients inside and outside court and advocates are entitled to the honorarium given by the client. In the event that the client does not pay the full fee in accordance with the agreement, while the advocate has carried out his duties and functions well, the advocate has the right to file a lawsuit for breach of contract against the client as in the case of breach of contract which is the object of this research which has been decided from the district court. This research examines the legal considerations of the Panel of Judges regarding claims for breach of contract in providing legal services and the client's legal responsibility towards advocates based on decision No.9/Pdt.G/2024/PN Pbr. The problem of this research is how to resolve and obstacles regarding the analysis of default on the agreement providing honorarium for advocacy services between advocate "Bambang Keristian" and client "Muhammad Tuah" based on Law no. 18 of 2003 concerning advocates in Pekanbaru City. In this research, the author uses a normative legal research method with a descriptive research type. The problem approach used is applied normative (decision study). Data collection was carried out by document study and literature study. Next, the data was processed through data examination, data clarification, and data systematics and analyzed qualitatively. The process of resolving disputes over default on an Advocate's honorarium is basically through a Summons (legal warning) first, if there is no good faith from the client as the defendant then the Advocate as the plaintiff has the right to file a lawsuit in court. Then, the defendant ignored the summons given by the plaintiff to the defendant. The plaintiff then filed a lawsuit in court. And this settlement was declared a default by the Pekanbaru District Court. Then the remaining honorarium that was agreed at the beginning must be paid immediately by the defendant to the plaintiff. Then the defendant put up resistance (verzet) and this resistance was partly accepted and partly rejected by the judge because the defendant was also legally proven to have broken his promise (default). For this reason, the judge made a decision at the Pekanbaru District Court. The Client's responsibility towards the Advocate in this default case is that the Client must pay the remainder of the honorarium to the Advocate as decided in the decision of the Pekanbaru District Court and punish the defendant to pay the remainder of the honorarium as decided by the Pekanbaru District Court.

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