The Dominus Litis Advocate who Handles Debt Law Cases
Abstract
An advocate is a lawyer who practices law through the power of attorney (volmacht) granted by clients, both persons and legal entities, both inside and outside of the courtroom. The range of legal services includes advising, assisting, exercising power of attorney, representing, defending, and taking other legal actions on behalf of their clients. The advocate is free to choose whether his client's case will be settled out of court (non-litigation) in the course of his work, particularly in the area of debt settlement. This area is governed by the Indonesian Advocate Code of Ethics and is known as the dominus litis principle. However, in order to exercise the authority, the advocate must possess financial knowledge in order to offer the client a case settlement plan as legal justification, allowing the client to accept legal counsel from his advocate to pursue an out-of-court settlement. Through training and certification programs coordinated and organized with the National Competency Certification Agency (BNSP), the Advocate Organization bears the responsibility of enhancing the expertise of advocates in addition to themselves. An advocate with greater expertise will be less likely to violate the advocate code of ethics while also providing clients with the best possible protection as recipients of legal services. Rather than creating more issues for their customers, advocates become part of the solution (problem solver).
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Journals:
Ardiani, N. D., Nugroho, H., Maryono, A. S., & Miano, M. R. R. (2023). Penerapan Asas Dominus Litis dalam Penarikan Tuntutan dalam Tindak Pidana Kekerasan dalam Rumah Tangga yang dilakukan oleh Valencya. UNES Law Review, 6 (1), 2351-2367. https://doi.org/10.31933/unesrev.v6i1.1016
Fathya, S., Atika, A., & Ars Himsyah, F. (2024). Peran Kuasa Hukum Terhadap Perkara Wanprestasi pada Gugatan Sederhana. Muamalah, 10 (1), 16-30. https://doi.org/10.19109/muamalah.v10i1.23745
Internet:
Chat GPT, versi 10 April 2025, Open AI
https://literasihukum.com/pandangan-john-austin-hukum-perintah-penguasa/ accessed on Kamis April 10, 2025 at 13:35 WIB.
Preamble to the Indonesian Advocates Code of Ethics legalized on 23 May 2002
https://peradi.or.id/i5ndex.php/profil/detail/ accessed on Thursday 10 April 2025 at 12:34 WIB
tempo.co/ekonomi/ajb-bumiputera-kembali-digugat-karena-gagal-bayar-klaim nasabah-ini-sejarah-panjang-perusahaan-asuransi-itu-1168190.
Regulation:
Article 6 of the Advocates Law
Article 10 paragraph (1) of Law No. 48 of 2009 concerning authority of justice
Article 10 paragraph (2) of the Law on authority of justice
Article 26 paragraph (1) and (2) of Law No. 18 of 2003 concerning advocates
Article 28 paragraph (1) of Law No. 18 of 2003 concerning advocates
Article 33 of Law No. 18 of 2003 "states:" The code of ethics and provisions on the Advocate Professional Honor Board established by the Indonesian Advocates Association (IKADIN), the Indonesian Advocates Association (AAI), the Indonesian Legal Advisors Association (IPHI), the Indonesian Advocates and Lawyers Association (HAPI), the Indonesian Lawyers Union (SPI), the Indonesian Legal Consultants Association (AKHI), and the Capital Market Legal Consultants Association (HKHPM), on 23 May 2002 shall have the force of law mutatis mutandis under this Act until a new provision is made by the Advocates Organization".
Article 105 and Article 115 of Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes.
The Supreme Court in Criminal Law Jurisprudence 5/Yur/Pid/2018 affirmed that paying something with a cheque/bilyet giro that does not exist/is not enough funds to pay, can be qualified as fraud.
The third paragraph is the general explanation of Law Number 18 Year 2003 on Advocates.
Interview:
The reason for choosing non-litigation is because the main consideration of the issue is the fulfilment of pension rights whose provisions are clearly regulated and the company where he works is a regional company which is assumed to have a high commitment to compliance with the law, interview with Advocate who assisted Markus Sarumaha, April 9, 2025.
DOI: http://dx.doi.org/10.30659/akta.v12i2.44822
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