Advocates: Definition, Functions, and Differences with Lawyers

You may have often heard several terms in law such as attorney or lawyer, advocates, attorneys, legal consultants, and so on. Among these terms, there may still be those who don't understand the difference between one another

That's why DailySocial.id created this article to explain it to you!

Advocate definition

Based on the 2003 Law of the Republic of Indonesia, regarding an Advocate is a person whose profession is to provide legal services both inside and outside the court and pay attention to legal provisions.

Advocate legal services include legal advice, legal assistance, exercise of power, representation, support, defense and other legal actions in accordance with the client's legal interests. In the Advocate Law, what is meant by a client is an individual, legal entity or other institution that receives legal services from an advocate.

Advocates can be appointed as advocates who have a law degree and special training in the legal profession as an advocate.

Duties and Authorities of Advocates

Task means something that must be done, while authority means the power to give orders. Based on the relevant Law of the Republic of Indonesia, the duties and powers of an advocate are as follows:

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

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

RI Law No. 18 of 2003 concerning Advocates

• Providing legal services. (Article 1 point 2)
• Providing free legal aid to justice seekers who can't afford it. (Article 22 paragraph (1))
• Keep everything that is known or obtained from clients because of a professional relationship. (Article 19 paragraph (1))

RI Law No. 48 of 2009 concerning Judicial Power

• Provision of legal assistance to justice seekers who cannot afford it. (Article 56 paragraph (1))

RI Law No. 16 of 2001 concerning Legal Aid

• Perform legal aid services. (Article 9 letter d)
• Organizing legal consultations, legal counselling, and other activities related to legal aid. (Article 9 letter c)

Advocate function

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

Advocates as law enforcers will uphold law and justice

An advocate does not defend the interests of clients blindly, but accelerates the handling of cases by helping judges resolve cases using existing information and information presented in court, in accordance with the professional code of ethics, law and justice.

Advocate as a professional job based on expertise in the field of law bound by rules of conduct and a professional code of ethics

In addition to providing legal services (both inside and outside the court), advocates must also provide free legal assistance to those who can't afford it.

There are two terms that you need to know, namely legal aid and legal assistance. Legal aid from advocates is free legal assistance for law applicants who can't afford it.

Meanwhile, legal assistance from advocates is legal assistance with a broad scope. It is used not only for those seeking justice who can't afford it, but also to provide legal assistance regarding honoraria.

Advocates in the position of law enforcers who are outside the government

If you know law enforcement agencies in government, such as the police, prosecutors and judges, then the role or presence of advocates is to balance their supremacy so that arbitrariness does not occur.

Advocates act to protect the rights of those seeking justice and as a form of community representation in the legal process.

Advocates will carry out functions related to judicial power

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.

Advocates will act to defend human dignity in the criminal justice process

The duty of an advocate is to defend human dignity in criminal cases. For example, suspects or defendants are also entitled to legal assistance, appear in court, present witnesses, take legal action, and so on.

Requirements to become an Advocate

As previously mentioned, a person who can be appointed as an advocate is a scholar with a higher education background in law and has attended special education for the advocate profession carried out by an advocate organization.

In Indonesia, according to article 3 paragraph (1) of the Advocate Law, the requirements to become an advocate are as follows:

• Citizen of the Republic of Indonesia
• Residing in Indonesia
• Not having the status of a civil servant or state official
• At least 25 (twenty five) years old
• Graduated with a higher education background in law
• Pass an exam held by an advocate organization
• Internship for at least 2 (two) continuous years in an advocate's office
• Never been sentenced for committing a crime punishable by imprisonment for 5 (five) years or more
• Behave well, be honest, be responsible, be 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:

• Letter of appointment as an advocate issued by an advocate organization
• An oath statement as an advocate issued by the Head of the Provincial High Court concerned
• Advocate membership card issued by an advocate organization

The difference between an Advocate and a Lawyer

Prior to the entry into force of the Advocate Law, there were many names for defenders of justice, namely lawyers, legal advisors, legal advisers, advocates, etc.

Basically, advocates and attorneys are both parties who provide legal services in court. The difference between an advocate and a solicitor is the area in which they can offer their legal services.

The definition of a lawyer before the entry into force of the Advocate Law is a person who carries out his duties and role as a legal representative in litigation (legal issues) whose scope is limited to the high court environment.

The person concerned is appointed and after sufficient experience can practice as an Advocate to be appointed in areas with work areas throughout the territory of the Unitary State of the Republic of Indonesia.

Advocates are authorized to provide legal services in court based on decisions of the Minister of Justice and have "districts" throughout the territory of the Republic of Indonesia.

Therefore, if a lawyer wants to provide legal services outside the scope of the license, the lawyer must first obtain permission from the court where he practices.

This is an explanation of the meaning, duties, powers, functions, and requirements to become an advocate. Hopefully this article can help you understand the differences in the limits of authority between an advocate and a lawyer.