Edukasi Hukum - Advokat dan Pengacara, Apa Bedanya?

Summary

This video educates viewers on the key differences between 'pengacara' (lawyer) and 'advokat' (advocate) in Indonesia. While both professions provide legal services, the distinction lies in their practice areas and scope. An advocate can practice law nationwide, while a pengacara is limited to specific regions unless granted permission. The video also highlights the qualifications required to become an advocate under Indonesian law, such as age, education, and experience, and provides a clear explanation of the legal services they offer, including legal advice, representation, and more.

Takeaways

• 😀 The terms 'pengacara' and 'advokat' are often misunderstood as synonyms, but they refer to distinct legal professions in Indonesia.
• 😀 'Pengacara' refers to a lawyer who provides legal services within a specific judicial region, and requires permission to practice outside of that region.
• 😀 An 'advokat', however, is a lawyer authorized to practice law across all regions of Indonesia, as defined by the Indonesian Advocate Law (Undang-Undang Advokat No. 18/2003).
• 😀 Under the Indonesian Advocate Law, the term 'pengacara' is no longer used, and all lawyers practicing law are considered 'advokats'.
• 😀 The legal services provided by an 'advokat' include consultation, legal aid, representation, and other legal actions on behalf of clients.
• 😀 To become an 'advokat', one must be an Indonesian citizen, at least 25 years old, and have a law degree.
• 😀 The candidate must pass an exam organized by an advocate organization and undergo at least two years of continuous internship at an advocate office.
• 😀 The law also specifies that an 'advokat' should not have been convicted of a serious crime punishable by five or more years in prison.
• 😀 An 'advokat' must exhibit high moral integrity, honesty, responsibility, fairness, and ethical conduct in their professional practice.
• 😀 The video aims to clarify the distinction between 'pengacara' and 'advokat', helping the audience understand these terms in the context of Indonesian law and legal practices.

Q & A

What is the difference between a lawyer and an advocate in Indonesia?

In Indonesia, a lawyer is a legal professional who provides services within the jurisdiction of their practicing license. An advocate, on the other hand, is a legal professional with the authorization to practice law in courts throughout the entire country, including all regions of Indonesia.

Can a lawyer practice law outside their licensed jurisdiction?

Yes, a lawyer can practice law outside their jurisdiction, but they must first obtain permission from the court in the area where they wish to appear.

What does the Indonesian Advocate Law regulate?

The Indonesian Advocate Law (Law No. 18 of 2003) regulates the role of advocates, which includes giving legal consultations, providing legal assistance, representing clients in court, and performing other legal actions on behalf of clients.

What services are provided by advocates according to Indonesian law?

Advocates in Indonesia provide several legal services, including legal consultation, legal assistance, representation, and other legal actions for the benefit of their clients, as outlined in the Advocate Law.

What are the requirements to become an advocate in Indonesia?

To become an advocate in Indonesia, one must be an Indonesian citizen, reside in Indonesia, be at least 25 years old, hold a law degree from a recognized university, pass a bar exam conducted by an advocate organization, undergo a minimum of two years of continuous internship at an advocate office, and have a clean criminal record.

What qualifications are needed to practice as an advocate in Indonesia?

The qualifications include having a law degree, passing an advocate exam, completing a mandatory internship, and meeting character requirements, such as honesty, responsibility, and integrity.

What is the role of an advocate in legal proceedings?

An advocate represents, accompanies, defends, and takes other legal actions for their clients in court and other legal matters, ensuring the client's interests are upheld.

How has the Indonesian Advocate Law changed the terminology of legal professionals?

With the enactment of the Advocate Law, the term 'pengacara praktek' (practicing lawyer) was replaced by the term 'advokat,' which now represents all legal professionals who meet the required criteria, including those previously referred to as legal consultants or practicing lawyers.

What does the internship for becoming an advocate in Indonesia entail?

The internship for becoming an advocate in Indonesia requires at least two years of continuous practice at an advocate's office, where the candidate gains hands-on experience in legal work.

What personal qualities are required to become an advocate in Indonesia?

An aspiring advocate must demonstrate honesty, responsibility, fairness, and high integrity. They must also have a clear criminal record, specifically not having been convicted of crimes punishable by more than five years in prison.