Advocates Are: Definition, Duties, Authorities, and Salary Range

Advocates are – Maybe you have often heard a number of terms in the legal world such as lawyers, advocates, attorneys, legal consultants, and so on. Among the several terms that have been mentioned, there may still be some who do not understand the difference between one term and another.

In this article, we will discuss in more detail what an advocate is and how it differs from a lawyer.

When you hear the term lawyer, perhaps the first thing that comes to mind is court. Generally, these lawyers are needed to assist parties who are being affected by legal cases.

Not only lawyers, other terms that often appear are advocates and legal consultants. This term is often known by ordinary people who do not understand the world of law. Then, what is the meaning of an advocate and how is it different from a lawyer? Come on, see the full explanation below.

Definition of Advocate

Basically, advocate and attorney have the same meaning. This has been stated in Article 32 paragraph (1) of Law no. 18 of 2003 concerning Advocates (Advocate Law), where advocates, legal advisers, lawyers and legal consultants are all called Advocates.

With the enactment of this Law on Advocates, we can conclude that there is no difference between lawyers, advocates, legal advisers, and legal consultants. Article 1 paragraph 1 of the Advocate Law states that all people whose profession is providing legal services, both inside and outside the courts whose working areas are throughout Indonesia, are called Advocates.

However, before the Advocate Law came into force, the provisions governing advocates, practicing lawyers, legal advisers, and also legal consultants were scattered in various laws and regulations. So the understanding of lawyers and advocates is different.

In general, an advocate is someone who has the right to defend a person or group that requires a legal defense in court. Then if based on the Law of the Republic of Indonesia of 2003, concerning Advocates, the definition of an advocate is a person who has the profession of providing legal services, either inside or outside the court who fulfills the requirements based on the provisions of the Law.

Legal services that can be provided by an advocate are legal consultation, exercising power of attorney, legal assistance, representing, accompanying, defending, and also carrying out other legal actions for the client’s legal interests. The meaning of the client in the Advocate Law is a person, institution, legal entity and other agencies that receive legal services from an advocate.

Someone who can be appointed as an advocate is someone who is a graduate of higher education in law and has attended special education for the advocate profession conducted by advocate organizations, namely professional organizations established under a law.

Difference between Advocate and Lawyer

Prior to the existence of the Advocate Law, terms for defenders of justice varied, ranging from lawyers, legal consultants, legal advisors, advocates, and so on. Basically, advocates and lawyers are both considered as parties who can provide legal services in court.

However, what differentiates them is the area where they can provide their legal services. An advocate is someone who holds or has permission to provide legal services in court based on a Decree of the Minister of Justice and has areas for proceedings throughout the territory of the Republic of Indonesia.

While a lawyer is someone who holds a license to practice or perform in accordance with a license to practice in his area granted by the local court. If the attorney intends to provide legal services outside the area of ​​their license to practice, they must first obtain permission from the local court where they will hold court proceedings.

The difference between an advocate and a lawyer can be found in the Regulation op de Rechterlijke Organisatie en het Beleid der Justitie in Indonesia (Stb. 1847 Number 23 jo. Stb. 1848 Number 57), Articles 185 to Article 192 with all changes and additions.

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Duties and Authorities of Advocates Based on the Laws of the Republic of Indonesia

Assignment has meaning as something that must be done. While authority means the power to give orders. Based on the Law of the Republic of Indonesia related to the duties and powers of advocates, namely:

1. RI Law No. 8 of 1981 concerning Criminal Procedure Code (KUHAP)

  1. Provide legal assistance to suspects or defendants during the time and at the level of examination. (article 54).
  2. In the event that a defendant or suspect is suspected or charged with committing a crime which is punishable by death penalty or a criminal penalty of fifteen years or more who does not have his own legal adviser, the official concerned at all levels of examination in the judicial process is required to provide a legal adviser. (article 56 paragraph 1).

2. Republic of Indonesia Law no. 18 of 2003 concerning Advocates

  1. Providing legal services. (article 1 point 2).
  2. Providing free legal aid to justice seekers who can’t afford it. (article 22 paragraph 1).
  3. Conceal various things that are known or obtained from clients because of a professional relationship. (article 19 paragraph 1).

3. Republic of Indonesia Law no. 48 of 2009 concerning Judicial Power

  • Providing legal aid to justice seekers who can’t afford it. (article 56 paragraph 1)

4. Republic of Indonesia Law No. 16 of 2001 concerning Legal Aid

  1. Perform legal aid services. (article 9 letter d).
  2. Organizing legal consultations, legal counselling, as well as other activities related to legal aid. (article 9 letter c).

Example of Advocate Duties

The following are some examples of the duties of an advocate or the various things an advocate can do, including:

1. Accompanying Clients During the Legal Process

One of the main duties of an advocate is accompanying clients during the legal process. The meaning of accompanying in this case is accompanying the client, both inside and outside the court.

2. Interview Clients and Provide Legal Advice

When you already have a client, the next task of an advocate is to interview the client. The purpose of this interview process is to find out in more detail about the client and the problems he is facing.

Advocates must be able to ask various things in detail about the problems that occur and look for things that can relieve the client. In addition, advocates must also ensure that clients are honest in providing information.

After obtaining information from the client, the advocate’s job is to provide legal advice. The advice given can also vary, which certainly can make it easier for clients to face legal proceedings and help them to obtain leniency in accordance with the provisions if the client is the guilty party. For example, in legal sanctions, make sure the client admits his actions to reduce his sentence.

Legal sanctions are usually coercive regulations, which determine human behavior in a social environment, which are made by authorized official bodies, where these regulations will result in punishment. According to Black’s Law Dictionary Seventh Edition, sanctions are:

“A penalty or coercive measure that results from failure to comply with a law, rule, or order (a sanction for discovery of abuse)”

Meanwhile, according to the Legal Dictionary, sanctions can be interpreted as a result of an action or a reaction from another party or an action. Furthermore, according to Andi Hamza, sanctions can be interpreted as punishment for violators of the provisions of the law, so that it can be interpreted that sanctions are punishments or coercive actions resulting from failure to comply with legal orders, or rules.

3. Defending Clients and Negotiations

The other task of an advocate is to defend the client until negotiating. If the client is a victim, the advocate must defend the client until he can obtain his rights. Meanwhile, if the client is the guilty party, then the advocate must be able to help the client so that he can obtain a light sentence in accordance with legal provisions. That’s when the advocate must be able to negotiate well with the court.

However, keep in mind that the advocate’s job is not to free the client from lawsuits, but to help the client so that he can still obtain his rights. So, if you want to be free from punishment, then don’t rely on lawyers, because that’s not their main job.

Advocate function

Based on the duties and authority of the advocate above, the advocate has the following functions:

1. Advocates as Law Enforcers

Advocates as a legal profession will defend the interests of clients in a way that does not blindly, assist in expediting the settlement of cases by assisting judges to decide cases through existing data and information to be presented in court. Of course, it must comply with the professional code of ethics, uphold Pancasila, law and justice.

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2. Advocate as a Professional Job

Advocates apart from playing a role in providing legal services, whether inside or outside the court, are also required to provide assistance free of charge to people who can’t afford it. Two terms that must be understood are legal aid or legal assistance.

Legal aid by advocates is the provision of legal aid services voluntarily or free of charge to justice seekers who can’t afford it. Meanwhile, the term legal assistance by advocates is legal aid that has a wide scope, not only used for justice seekers who can’t afford it, but also the provision of legal aid with honorariums.

3. Advocates in the Position of Law Enforcement Outside the Government

If in government we know law enforcers such as prosecutors, police, and also judges, then the function or existence of advocates is to counterbalance the domination of law enforcement to prevent arbitrariness. Advocates themselves have a function to protect the rights of justice seekers and also as a form of community representation in a judicial process.

4. Advocate Function Relating to Judicial Powers

In the judicial process, the function of an advocate is to assist the judicial process so that it is efficient and effective in its presence.

5. Advocates Act to Defend Human Dignity and Dignity

The function of an advocate is to defend human dignity in the criminal justice process. For example, suspects or defendants who have the right to be accompanied by legal counsel, to be tried openly to the public, to take legal action, to present various witnesses, and so on.

Requirements to Become an Advocate

As previously mentioned, someone who can be appointed as an advocate is a scholar who has a higher educational background in law and has attended special education for the advocate profession carried out by advocate organizations. In Indonesia itself, in accordance with article 3 paragraph 1, the Advocate Law, several requirements to become an advocate are as follows:

  1. Citizen of the Republic of Indonesia.
  2. Residing in Indonesia.
  3. Not having the status of a state official or civil servant.
  4. Age at least is 25 years.
  5. Have a diploma with a higher education background in law.
  6. Pass an exam held by an advocate organization.
  7. Internship for at least two years continuously in an advocate’s office.
  8. Never been sentenced for committing a crime punishable by imprisonment of at least 5 years or more.
  9. Behave well, be responsible, honest, fair, and have high integrity.

Based on the provisions of articles 2 and 3 of Law Number 18 of 2003 concerning Advocates, several legal products related to proving someone as an advocate are as follows:

  1. Letter of appointment as an advocate issued by an advocate organization.
  2. A statement of oath as an advocate issued by the Head of the relevant Provincial High Court.
  3. Membership card issued by an advocate organization.

Estimated Salary of an Advocate

With the various duties and powers that must be carried out by an advocate, the following is an estimate of the salary that will be earned for one month, including:

1. Apprentice Advocate

The salary range that will be received by an advocate with apprentice status is around Rp. 2 million to Rp. 3 million per month.

2. Young Advocate

Young advocates are advocates who have just completed their legal education. The salary range that young advocates will receive is around Rp. 7 million to Rp. 15 millions. The salary received depends on the qualifications of each advocate. Some of the qualifications that determine the amount of salary are licenses to practice, foreign language skills, and certificates held. In addition, the salary of an easy advocate also depends on the law firm that recruits him.

3. Professional Advocates

For those who already have the status of a professional lawyer or advocate, are well known by many people, and have handled various types of cases, the salary they will receive is around Rp. 20 million per month. The amount is still very likely to increase depending on the number of cases handled and flying hours.

This nominal does not include the success fee if the case handled is successful. The higher the flight hours, the higher the salary will be received. Professional advocates can determine their own rates. For example, the calculation per case, the calculation per hour, or the calculation of the contract within a certain period.

The various kinds of information about advocates above will certainly make us understand this profession better. Because, being an advocate is a profession related to handling clients, of course we must have good emotional management and also high professionalism.

This is an explanation of what an advocate is, the difference between it and a lawyer, duties and powers, and the range of salary received by an advocate. For Sinaumed’s who want to know more deeply about what a prototype is, you can read related books by visiting sinaumedia.com .

To support Sinaumed’s in adding insight, sinaumedia always provides quality and original books so that Sinaumed’s has #MoreWithReading information.

Author: Umm

Reference:

  • https://www.ekrut.com/media/advokat-ada
  • https://adcolaw.com/en/blog/juang-advokat-serta-saja-yang-can-be-seorang-advokat/
  • https://www.renesia.com/perkiraan-gaji-advokat/