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JUDUL:HAK IMUNITAS ADVOKAT DILUAR SIDANG PENGADILAN DALAM MENANGANI SUATU PERKARA
PENGARANG:YULIA HERLINA
PENERBIT:UNIVERSITAS LAMBUNG MANGKURAT
TANGGAL:2021-02-17


ABSTRACT
Keywords: Immunity , Lawyer, Law Immunity.
Type of research used in this study is normative legal research. Research typehis is doctrinal research, and nature of research is prescriptive. The approach used are the statute aprroach and conceptual aprroach. The legal sources used are primary legal materials, secondary legal materials, and tertiary legal materials which are carried out by means of library research.
From the results of research and discussion of the issues raised, conclusions can be drawn. First, The form of an advocate's immunity right in court can be seen in article 14 of law number 18 year 2003, meanwhile the right to immunity of advocates outside the court session is based on the constitution number 26 / PUU- XI / 2013. To realize justice for the advocate profession, the Court affirms that the provisions of article 16 law number 18 of 2003 about Advocates are interpreted as advocates that can’t be prosecuted either civil or criminal in carrying out their professional duties in good faith for the benefit of client defense inside or outside the court session with stick to the code of ethics and prevailing laws and regulations. Second, Advocates in carrying out their profession are still prone to criminalization or treatment that degrading the advocate profession, so that their immunity rights are not fulfilled.If an advocate's immunity rights are not fulfilled, then legal steps can be taken through litigation, namely by submitting a civil lawsuit to the district court and the basis for the lawsuit is the act against law (PMH) againts certain parties , or through non-litigation channels by means of mediation, negotiation, and conciliationas long as an advocate runs his profession based on good faith.

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