Senin, 25 Oktober 2021

How To Check The Validity of Indonesian Advocates?

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has discussed about "If I Get Fired, What Are My Rights According to Indonesian Law?", read also: "How to Obtain Indonesian Citizenship?", and on this occasion will be discussed about the issue of How To Check the Validity of Indonesian Advocates?

Definition of Advocate

In Indonesia, advocate is defined as: "Advocate is a person whose profession is to provide legal services, both inside and outside the court, who meet the requirements and based on the provisions of the Law on Advocates". 

The author prefers to use the term advocate, because this term is used as the law regulates it. In Indonesia, other terms are known such as 'legal advisor', 'lawyer', 'attorney' or 'Pokrol', only because there is a law that regulates it, namely the advocate law, its common that this term is used. With the enactment of the Law Number: 18 of 2003, it is appropriate to submit to the law that only advocates may carry out the profession to provide legal services both inside and outside the Court.

Governing Law

The profession of advocate in Indonesia is regulated in Law Number: 18 of 2003 concerning Advocates. The law regulates matters relating to the position of advocates, such as appointments, oaths, status, prohibitions and rights and also obligations.

Based on the Law on Advocates, there are terms that must be understood for anyone who will use the services of an advocate:
  1. Legal services, are services provided by advocates in the form of providing legal consultation, legal assistance, exercising power of attorney, representing, accompanying, defending, and taking other legal actions for the legal interests of clients.
  2. Client, is a person, legal entity, or other institution that receives legal services from an Advocate.
  3. Advocates Organization, is a professional organization established under this Law.

How To Check the Validity of Indonesian Advocates

Remember the definition of Advocate above, advocate must meet the requirements and based on the provisions of the Law on Advocates. Article 2 of Law Number: 18 of 2003 concerning Advocates, set the following conditions:
  1. Those who can be appointed as Advocates are graduates with a higher education background in law and after attending special education for the Advocate profession carried out by the Advocates Organization.
  2. Advocates are appointed by the Advocates Organization.
  3. A copy of the decision letter on the appointment of Advocates as referred to in paragraph (2) shall be submitted to the Supreme Court and the Minister.
Article 3 of Law Number: 18 of 2003 concerning Advocates requires the following to be appointed as advocates:
  1. Citizens of the Republic of Indonesia;
  2. Residing in Indonesia;
  3. Does not have the status of a civil servant or a State Official;
  4. At least 25 (twenty five) years old;
  5. Hold bachelor's degree with a legal higher education background as referred to in Article 2 paragraph (1);
  6. Pass the examination held by the Advocates Organization;
  7. Internship for at least 2 (two) years continuously at the Advocate's office;
  8. Have never been convicted of a criminal offense punishable by imprisonment of 5 (five) years or more;
  9. Behave well, honest, responsible, fair, and have high integrity.
Based on the provisions of Articles 2 and 3 of Law Number: 18 of 2003 concerning Advocates, there are several legal products related to proving someone as an advocate:
  1. Letter of Appointment as an Advocate (Issued by advocate organization); and
  2. Certificate of Oath as an Advocate (Issued by Head of the relevant Provincial High Court);
  3. Advocate membership card (Issued by advocate organization).
When you are in Indonesia and have the intention to use legal services through an advocate, it is very important to choose a legally-valid lawyer. Checking the advocate validity you will choose becomes a necessary so that there will be no losses occur in the future. So, its alright to ask your advocate about their validity such as: (a). Letter of Appointment as an Advocate, (b). Certificate of Oath as an Advocate and (c). Advocate membership card, for your safety. 

Be smart that civil servants, state apparatus or law graduates who do not qualify as advocates cannot be your attorney and therefore cannot represent your legal interests in Indonesia. For anyone who claims to be an advocate but can't prove his legitimacy, perhaps that you're out of luck and maybe a fraud is going on. If you have any issue with choosing the right advocate to represent your interest in Indonesia, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Undang-Undang Advokat", id.wikipedia.org, Diakses pada tanggal 23 Oktober 2021, https://id.wikipedia.org/wiki/Undang-Undang_Advokat
2. Law Number: 18 of 2003 concerning Advocates.

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