Unification of the Advocate's Code of Ethics in the Context of the Confederation of Indonesian Advocate Organizations

Bara, Citra Alam (2022) Unification of the Advocate's Code of Ethics in the Context of the Confederation of Indonesian Advocate Organizations. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Based on the provisions of article 1 paragraph (3) of the Constitution of the Republic of Indonesia year 1945 the State of the Republic of Indonesia is a state of law, the conception of the state of law or rechstaat which was previously only stated in the explanation of the Constitution of the Republic of Indonesia year 1945 the State of the Republic of Indonesia is now strictly regulated. The idea of a legal state was built by developing a legal device as a functional and equitable system. Since the enactment of Law No. 18 of 2003 on Advocates, many have high hopes that they will change the profession of Advocate for the better and are expected to solve some old problems, problems that must be resolved immediately after the birth of Law No. 18 of 2003 on Advocates is to build a credible and qualified Advocate profession through the Advocate organization. With the many new Advocate Organizations, the unification of the Code of Ethics is very important to be regulated immediately, the Advocate Professional Code of Ethics is a means to help Advocates carry out their profession professionally, this is because the Professional Code of Ethics is a guideline for Advocates and is also a means of social control for the community over the Advocate profession. While the problem is, based on article 26 paragraph (1) of Law No. 18 of 2003 on Advocates, the Advocate Organization is given the authority to Draft the Advocate Profession Code of Ethics. So that with the many organizations advocates then based on the determination of article 26 paragraph (1) can create their own code of ethics. Based on the description above,it is formulated 2 (two) problems as follows: 1) Urgency of The Establishment of confederation of Indonesian Advocate Organizations? Urgency of Unification of the Advocate Code of Ethics in Indonesia? The type of research conducted in this research is a method of legal research. The selection of this method, as written by Peter Mahmud Marzuki, that legal research is a process to find the rules of law, legal principles, and legal doctrines to answer the issues faced. The form of confederation is a compromise that can be implemented looking at current development, where in the form of confederation it is possible to divide 8 (eight) the authority of the Advocate organization as stipulated in Law Number 18 of 2003 on Advocates, with the form of the organization Advocates that the confederation then unification of the code of ethics can be implemented.\ Keywords : Advocate, Advocate Organization, Code of Ethics, Honorary Council.

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