8 Requirements to Become an Advocate and Sanctions for Violating the Advocate’s Oath

In order to become an advocate, there are certain conditions that must be followed. Before becoming an advocate, prospective advocates will go through various stages. In addition, there are conditions that must be met.

Advocates are people who work in the field of law inside and outside the court. Advocates assist in providing consultation, assistance, exercising power, accompanying, defending, representing, and other legal actions for the legal interests of clients. Based on the Law of the Republic of Indonesia No. 18 of 2003 concerning advocacy, there are 8 requirements that must be met to become an advocate. These conditions include,

1. Indonesian citizen (WNI)
2. Residence in the Republic of Indonesia
3. Do not position simultaneously. Currently not a civil servant or other state official
4. Humans are at least 25 (twenty five) years old
5. Have a Bachelor’s Diploma with a valid higher education background.
6. After being declared to have passed the bar exam held by the advocacy organization
7. Must attend internship for at least two consecutive years
8. Never been sentenced to prison for committing a criminal offense and was threatened with imprisonment for 5 (five) years or having good behavior, honesty, responsibility, fairness, and high integrity.

Then, after the prospective advocate completes the requirements and follows the stages to become an advocate, the prospective advocate promises or swears to become an advocate. Prospective advocates swear by religion or promise solemnly before an open session of the High Court in their respective legal domiciles. After being sworn in, the prospective advocates become advocates.

However, advocates can quit or be dismissed because of their own application, sentenced to a sentence that has permanent legal force, or based on a decision of the Advocates Organization. Advocates are dismissed because they have been sentenced for committing a crime punishable by a sentence of four years or more. The criminal sentence must have permanent legal force.