Violation of the Code of Ethics of the Advocate ProfessionIn Criminal Cases

Abstract

The advocates profession is greatly needed to balance and even protect against arbitrary power tendencies in both political and economic and social fields. At the same time, their generosity is also prominent when providing legal services called pro-bono. Provisions regarding this have even been regulated in the Advocates Law. However, in practice today, in addition to the positive perception of advocates because of their history and status as officium nobile, legal fighters and so on, it turns out that many negative perceptions have begun to emerge. "Naughty" advocates often deviate, such as using their networks in court institutions to win a case for a certain fee. This study aims to determine and analyze the law regarding the Indonesian Advocates Code of Ethics in criminal cases in Indonesia based on Law Number 18 of 2003 concerning Advocates, analyze the examination procedures for an advocate suspected of violating the advocates' code of ethics in handling criminal cases, find out and analyze the policies of the Indonesian Advocates Association (PERADI) regarding violations of the advocates' code of ethics committed by an advocate in handling criminal cases. This research uses an empirical juridical approach or often called sociological juridical, juridical research is used to analyze regulations related to the code of ethics of the advocate profession, while the empirical approach is used to analyze law which is seen as patterned community behavior in community life which always interacts and relates to social aspects by using primary data in the form of interviews and also secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, this research uses qualitative data analysis. Based on the research, it is concluded that Complaints are the basis for starting an examination. Complaints can be filed by complainants, namely clients, colleagues, government officials, members of the public, supervisory commissions, the National Leadership Council of Peradi with a trial fee of Rp. 5,000,000 (five million rupiah). Advocates as an honorable profession (officium nobile) who in carrying out their profession are under the protection of law, the Law and the Code of Ethics, have freedom based on the honor and personality of Advocates who adhere to Independence, Honesty, Confidentiality and Openness. That the Advocate profession is as a law enforcer who is equal to other law enforcement agencies, therefore each other must respect each other. Every Advocate must maintain the image and dignity of the profession's honor, and be loyal and uphold the Code of Ethics and Professional Oath. The Indonesian Advocates Association (Peradi) as an Advocate Organization that always prioritizes the right to immunity for its members.