The Meaning of Good Faith in Article 16 of Law Number 18 of 2003 Concerning Advocates

Charisma Adilaga Sugiyanto (), Herman Suryokumoro (), Ismail Navianto () and Iwan Permadi ()
Additional contact information
Charisma Adilaga Sugiyanto: Faculty of Law, University of Brawijaya, Malang, Indonesia
Herman Suryokumoro: Faculty of Law, University of Brawijaya, Malang, Indonesia
Ismail Navianto: Faculty of Law, University of Brawijaya, Malang, Indonesia
Iwan Permadi: Faculty of Law, University of Brawijaya, Malang, Indonesia

Technium Social Sciences Journal, 2021, vol. 20, issue 1, 419-425

Abstract: Article 16 of Law Number 18 of 2003 states that Advocates cannot be prosecuted, either civil or criminal, in carrying out their professional duties in good faith to benefit the client's defense in court proceedings. Elucidation of Article 16 of Law Number 18 of 2003 defines what is meant by good faith as carrying out professional duties to uphold justice based on the law to defend the interests of his clients. Then what is meant by a court session is a court session in every level of court in all areas of the judiciary. However, in reality, some of the lawyers in Indonesia, in carrying out their profession, are caught in legal problems, either in bribery or in acts of obstruction of justice. This is due to the vagueness of norms in Article 16 of Law Number 18 of 2003, especially regarding the phrase good faith. The type of research used in writing this article is normative legal research. The results of this study are the meaning of good faith in article 16 of Law Number 18 of 2003. Running the advocate profession must be based on noble values or ethical standards and always obey all the codes of ethics and legal norms. That way, an advocate can be held accountable for the profession and criminal responsibility if, in carrying out his job, the advocate does not have good faith or bad faith, which further violates criminal law and fulfills the elements of criminal responsibility.

Keywords: Meaning; Good Faith; Advocates (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://techniumscience.com/index.php/socialsciences/article/view/3475/1317 (application/pdf)
https://techniumscience.com/index.php/socialsciences/article/view/3475 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:tec:journl:v:20:y:2021:i:1:p:419-425

Access Statistics for this article

Technium Social Sciences Journal is currently edited by Tasente Tanase

More articles in Technium Social Sciences Journal from Technium Science
Bibliographic data for series maintained by Tasente Tanase ( this e-mail address is bad, please contact ).