Juridical Implications for Advocates Who Are Unwilling to Provide Legal Aid to Indigent Justice Seekers

Abstract

The current problem of poverty in Indonesia is closely related to the law enforcement process so that it has a very big impact on the process of law enforcement decisions, especially in relation to efforts to defend what has become one's rights. The aim of writing this legal thesis is to find out the juridical implications of this. advocates who are unwilling to provide legal assistance to indigent justice seekers. The approach method used in writing this legal thesis is normative juridical, which means the approach is carried out by examining theoretical approaches, concepts, studying statutory regulations related to this research or a statutory approach. Normative juridical research is legal research that places law as a building system of norms. The norm system in question is about principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This normative research is research on legal systematics, namely research whose main aim is to identify meanings or bases in law. The results of this Legal Thesis Writing state: First, Law No.   18 of 2003 concerning Advocates regulates the role of Advocates as providers of legal assistance, including in the form of Pro bono or providing free legal services to those who do not have financial means. Apart from that, regulations related to Requirements and Procedures for Providing Free Legal Aid in Government Regulation Number 83 of 2008 also direct Advocates to make a positive contribution in ensuring equal access to justice for people who are financially disadvantaged. This has implications for the important role of Advocates in providing fair opportunities for those in situations of financial limitations to obtain quality legal services. SecondAdvocates who are unwilling to provide legal assistance to indigent justice seekers may be subject to legal sanctions because they have violated the law or code of ethics. Legal sanctions that can be imposed on advocates who do not provide free legal assistance are regulated in Law No.   18 of 2003 concerning Advocates. Article 22 paragraph (2) of Law No.   18 of 2003 concerning Advocates states that advocates who do not provide free legal assistance may be subject to sanctions in the form of a written warning, temporary dismissal from the advocate profession, and dismissal from the advocate profession.