UNDERSTANDING OF LAWYER

Lately, it has been commonly known in the community, namely the Lawyers profession. A lawyer who is also called an advocate or legal attorney is someone who provides or provides advice and defense “representing” for other people who are related (clients) with the settlement of a legal case.

So, what is a lawyer?

Lawyers or advocates are a noble profession because the profession of a lawyer also plays an important role in creating justice for suspects and defendants or the community seeking justice.

With the enactment of Law no. 18 of 2003 concerning Advocates (“UUA”), both lawyers, advocates, legal advisors, and legal consultants are all referred to as Advocates (see Article 32 paragraph [1] of the UUA). Thus, with the enactment of the Advocates Law, there is no difference between lawyers and advocates, legal advisors, or legal consultants. All of them are referred to as advocates, namely people whose profession is to provide legal services, both inside and outside the courts whose work areas are throughout the territory of the Republic of Indonesia (Article 5 paragraph [2] UUA).

Prior to the enactment of the UUA, the provisions governing advocates, legal advisors, practicing lawyers and legal consultants were scattered in various laws and regulations so that the understanding of lawyers and legal advisors was different.

In his position, the lawyer is equivalent to the police, prosecutors, and judiciary. What makes the difference is the role. Lawyers exist to represent the interests of the community, while the police and prosecutors have a role as institutions that represent the interests of the government, as well as judges play a role in representing the state. In a position like this, the role of lawyers becomes important because they can maintain a balance of interests between the state, government, and society. Let’s say the police, prosecutors and judges are civil servants while lawyers are private employees.

What are the requirements to become a Lawyer?

The requirements to become a lawyer (advocate) in Indonesia are regulated in Article 2 paragraph (1) of Law no. 18 of 2003 concerning Advocates, namely graduates with a legal higher education background and after attending special education for the Advocate profession carried out by the Advocates Organization and attending an internship period at the Lawyer Office/senior Advocate for a minimum of 2 (two) years.

Legal Basis:

1.Reglement op de Rechterlijke Organisatie en het Beleid der Justitie in Indonesia (Stb. 1847 Number 23 in conjunction with Stb. 1848 Number 57
2.Law No. 8 of 1981 concerning the Criminal Procedure Code
3.Law No. 18 of 2003 concerning Advocates
4.Joint Decree of the Chief Justice of the Supreme Court and the Minister of Justice of the Republic of Indonesia Number: KMA/05/SKB/VII/1987; Number: M.03-PR.08.05 of 1987 concerning Procedures for Supervision, Enforcement and Self-Defense of Legal Counsel