UU Tentang Advokat APK

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Constitution of the Republic of Indonesia Year 1945 determines explicitly that Indonesia is a country of law. The rule of law demanded, among other guarantees equality for all before the law (equality before the law). Therefore, the Constitution also provides that every person has the right to recognition, security, protection and legal certainty and equal treatment before the law.

In an effort to realize the principles of state of law in the society and state, the role and function of Advocate as a profession that is free, independent and responsible is essential, in addition to the judiciary and law enforcement agencies such as police and prosecutors. Through the legal services provided, Advocate stints profession for justice under the law for the sake of justice seekers, including efforts to empower communities to realize their fundamental rights before the law. Advocates as one element of the judicial system is one of the pillars in upholding the rule of law and human rights.

In addition to the judicial process, the role of the Advocate is also visible in the path of a profession out of court. Needs Advocates legal services outside the judicial process at the present time is increasing, in line with the air-blossoms legal needs of society, especially in entering the life of an increasingly open in the association between nations. Through the provision of consulting services, as well as in the manufacture of negotiating trade contracts, Advocates involved making significant contributions to community development and renewal of national laws, especially in the fields of economy and trade, including dispute resolution outside the court.

Despite the existence and function of Advocates has developed as proposed, the legislation governing the institution of the Advocate until the establishment of this Act is based on legislation relics of the colonial era, such as found in Reglement op de Rechterlijke Organisatie en het Beleid der Justitie in Indonesie (Stb. 1847: 23 jo. Stb. 1848: 57), Article 185 to Article 192 with all the changes and the addition later, Bepalingen betreffende het kostuum der Rechterlijke Ambtenaren dat der Advokaten, procureurs en Deuwaarders (Stb. 1848: 8), bevoegdheid department hoofd in Burgelijke zaken van land (Stb. 1910: 446 jo. Stb. 1922: 523), and Vertegenwoordiging van de land in rechten (KBS 1922: 522).

To replace the laws that are discriminatory and which are no longer in accordance with the constitutional system in force, as well as well as to provide a solid platform implementation of tasks devotion Advocate in public life, it is formed of this Act as set out also in Article 38 of the Law Number 14 Year 1970 on Basic Provisions on Judicial Power, as amended by Act No. 35 of 1999.

In this Act dealt with a comprehensive range of important provisions that cover Advocate profession, while maintaining the principle of freedom and independence advocates, such as the appointment, supervision, and enforcement and provisions for the development of the Advocate strong organization in the future. In addition, it regulates the principles in the implementation of professional duty Advocates in particular in its role in upholding justice and the realization of the principles of the law of the country in general.

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