KENDALA ADVOKAT DALAM BERACARA TERKAIT DENGAN PENGANGKATAN SUMPAH PROFESI MENURUT UNDANG-UNDANG NOMOR 18 TAHUN 2003

SARI, ERNA PERMATA (2009) KENDALA ADVOKAT DALAM BERACARA TERKAIT DENGAN PENGANGKATAN SUMPAH PROFESI MENURUT UNDANG-UNDANG NOMOR 18 TAHUN 2003. S1 thesis, UAJY.

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Abstract

Lawyer is someone who was able to give law services such as giving consultation of law, carry out the authority given, represent, accompany, to defend and doing another law procedures to meet the need of their client inside and outside of the court. Lawyer profession was being called “ Officium Nobile” which was meant an honor duty because a lawyer is responsible by subjugate him self and also responsible to uphold the fundamental rights of human being. A lawyer during his duty of jurisdiction in a court got a lot of obstacles one of them was related to the issue of the oath taking of lawyer profession which was done by the lawyer, it has already in line with the section 4 of UU. No. 18 Tahun 2003 or not. The purpose oh this research is to find out what was the obstacle experienced by the lawyer during their duty of jurisdiction related with the oath taking of a lawyer profession and the solution taken to solve those obstacles. The research method used in this law research was normative law research which used the secondary data as the main data such as law ordinance, books of law, literature of law research and through the interview with the resource person.The result that has been conclude from this research is that the lawyer obstacles during his duty in jurisdiction was related to the initiation of the SEMA No. 052/KMA/V/2009 which is stated that if there is a lawyer whose his oath has been taken is contradictive with the section 4 it will be considered as illegal and can not get jurisdiction in the court and the Supreme Court will not taking a new oath of this lawyer if there is no quarrel between the lawyer organizations yet. The efforts which was done by the lawyer to face the obstacles in jurisdiction is by figure out the obligation that the lawyer who has not been taking his oath in the higher court or Supreme Court related to the section 4, this lawyer must be in companion with the senior lawyer which meant that the jurisdiction oath of this lawyer has been taken in front of the higher court or Supreme Court and the senior lawyer can create partnership or teamwork between the lawyer from the other organization in order to create unity between the lawyer organization which is compatible with the statement from Lawyer Ordinance.

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