Winata, Oey Valentino and Dewanto, Wisnu Aryo (2020) Batasan Terhadap Imunitas Advokat Yang Diperluas Berdasarkan Putusan Mahkamah Konstitusi Nomor 26/PUU-XI/2013. DiH: Jurnal Ilmu Hukum, 16 (1). pp. 38-48. ISSN 0216-6534 E-ISSN: 2654-525X
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Abstract
The basis for granting immunity to advocates is in Article 16 of Law No. 18 of 2003, that advocates cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith in the interests of the Client's defense in court proceedings. The immunity obtained by advocates is not only within the scope of the court, but also protects it outside the court. The immunity has been expanded based on the Constitutional Court Decision Number 26 / PUU-XI / 2013. The granting of immunity to such advocates is considered as an act that violates the provisions of Article 28 D of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to recognition, guarantee protection and fair legal certainty and equal treatment before the law. However, the right to immunity from lawsuits (immunity) to advocates does not conflict with Article 28D of the 1945 Constitution if given with limitations to advocates who are one of law enforcers in Indonesia, these restrictions apply both outside and in court proceedings. The limitation is in the form of a professional code of ethics and legislation, as well as good faith. Any action that goes beyond or beyond these three limits cannot be protected by immunity, so that if one of the three limits is exceeded, advocates can be legally processed and sentenced based on applicable regulations.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | advocate; immunity; boundary |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | Ester Sri W. 196039 |
| Date Deposited: | 02 Jul 2020 06:05 |
| Last Modified: | 08 Jan 2024 04:13 |
| URI: | http://repository.ubaya.ac.id/id/eprint/37871 |
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