The Role of Advocate Profession in The Enforcement of Justice System in Indonesia

摘要

Advocate is a law enforcer; a free, independent and responsible profession in enforcing law guaranteed by law. It means that lawyers have rights, obligations and responsibilities in accordance with the rules and law of advocates. Law No. 18 Year 2003 concerning Advocates insists that Advocate is a person who provides legal services both inside and outside the court. The enactment of Law No. 18 of 2003 on Advocates, advocate profession is increasingly dynamic in the context of law enforcement in Indonesia. Providing a free-of-charge legal assistance for justice seekers is one of the obligations of the Advocate. The obligation to provide a free-of-charge legal assistance by Advocates is mentioned in Article 22 Paragraph (1) Law no. 18 of 2003 on Advocates stating that: "advocates are obliged to provide free legal assistance to unfair justice seekers". This study is a normative research, with the approach to legislations, which review all legislations concerning the regulation of advocate profession. The results of this research show that there are two urgencies of advocate role in criminal justice system: (a) the responsibily of advocate to control and guard the court integrity, (b) law enforcement and the role of advocate in Islamic laws in The Religious Court. The two roles are expected to reinforce and strengthen the role of the advocate as one of the components within the justice system in Indonesia.